Harmony Township Supervisor Meeting on Tuesday evening, October 20 in Mapleton, ND. Photo: KFGO News
MAPLETON, N.D. (KFGO) – A scheduled vote on six 24-month energy moratoria in Harmony Township may face legal vulnerability after a Fargo attorney said the township did not provide legally required public notice under North Dakota law.
Fargo attorney Joel Fremstad released an affidavit of publication confirming notice for Thursday’s public hearing appeared in The Forum of Fargo-Moorhead on Oct. 9. Under N.D.C.C. § 58-03-13, township zoning restrictions require at least 15 days of published notice in the official county newspaper, leaving the scheduled proceeding two days short of statutory compliance. The notice also conflicted with an earlier publication in the Cass County Reporter, which advertised conflicting hearing times.
The disclosure follows Tuesday night’s meeting where Board Chairman Dustin Burchill did not let former board chairman Tom Roden, his wife Jill, or Fremstad deliver prepared statements. Burchill claimed attendees had to submit speaker cards before the gavel fell. However, copies of the township’s official comment card show no rule requiring in-person speakers to submit cards prior to the start of a meeting.
Fremstad also questioned the board’s vote Tuesday to retain Minneapolis litigation firm Eckland & Blando alongside local Fargo counsel. He noted supervisors have not explained whether they are continuing with an independent conflict-of-interest review unanimously authorized in September regarding past zoning amendments in favor of preparing for litigation.
The proposed moratoria would halt new permits and construction for data centers, solar facilities, wind farms, battery storage, natural gas generation, and electric transmission lines. As of Wednesday afternoon, the township board remained scheduled to convene Thursday at 7 p.m. at the Mapleton Community Center.
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