What’s become of Excelsior Energy?
December 16th, 2018
Remember Excelsior Energy‘s boondoggle Mesaba Project? Go to the PUC’s search page and search for “05-1993” and “06-668” for the dockets.
A little birdie flew by today, cocked its shiny eye and said…
So following up… Does anyone find it strange that as of August 3, 2018, the registered office of Excelsior Energy and its agent, CEO, and Principal Executive Office Address of Tom Micheletti, is THE ABOVE STORAGE UNIT at 4630 Quebec Avenue North, New Hope, MN 55428?
Last known address: 708 1st St., #421, Minneapolis, sold 2017 for $749,900(verified in Metsa for Congress report, 3/9/2018 donation)… and then there’s Orono: Tom & Julie’s house is for sale.
Did you know that Excelsior Energy got their regulatory perks extended until 2025?!?! Really, look at this, Minn. Stat. 216B.1694, Subd. 3(b)(1), a 2017 legislative boondoggle!
Yes, Excelsior Energy was doing their lobbying in 2017.
Julie Jorgensen has been hustling with Greenmark, our good friends Mark Andrews and Red Wing’s ex-Mayor Dennis Egan. Three Musketeers? Three Stooges?
Then there’s Excelsior Energy Capital. What’s that?!?! Well, a Delaware corp registered in Minnesota in August of 2017, and inquiring minds found out their HQ is a BOAT SLIP at 21950 Minnetonka Boulevard, #210, Excelsior, MN.
Really. Could google maps be wrong? It’s not international waters, but assuredly … ummmm… well, bizarre! Look at their TEAM (can you say photoshopped?). I can’t find direct connections to our friends at Excelsior Energy, but with an operation like this, it’s got to be there! Searching…
Remember AWA Goodhue’s office? And Secretary of State lets them get away with this?
GreenMark & Wacouta Township in Goodhue Co. District Court
September 12th, 2017
I found my notes!! On August 29, 2017, Alan and I went to the Goodhue County Courthouse for the GreenMark Solar v. Wacouta Township (Court Case No. 25-CV-17-1462) festivities — a Summary Judgment hearing.
FULL DISCLOSURE: I’m not a fan of any of the principals of GreenMark, Mark Andrew, Dennis Egan, and Julie Jorgensen. Mark Andrew is a former Hennepin County Commissioner and a fan of burning garbage. Here’s a thread from the Mpls yak-yak list about Andrew when he was running for Mayor. Dennis Egan, well, we had a few go rounds when he was Mayor of Red Wing AND was executive director of Minnesota Industrial Sand Council, and at the time silica sand mining issue was on agenda for City of Red Wing. Julie Jorgensen? Her Excelsior Energy Mesaba Project coal gasification plant took up 5 years of my full-time labor before it went to part-time and intermittent, and still just won’t fully go away! Minn. Stat. 216B.1694, Subd. 3(b)(1)(ii).
That said, I’m also a big fan of solar, from way, way back when my father designed the solar on the Minnesota Zoo (that was later taken down, it was hot water! Not quite what was most needed, and they didn’t know much about solar back then).
Here’s the GreenMark Complaint — couldn’t find the Wacouta Answer or the cross-motions for Summary Judgment. The Wacouta Township website is years out of date — what’s up with that? (2014 is most current minutes, plus a notice of the May 2017 meeting about the solar project. ???)
Here are a couple articles:
GreenMark Solar challenges Wacouta Township | Republican Eagle
Minnesota Developer Sues for Solar Garden Permit
The oral argument started with Greenmark. Some points (not all inclusive):
Focus on Minn. Stat. 394.33, Subd. 1, that the township decision violates Town Powers Act. It’s inconsistent with their zoning. They can enact more restrictive zoning, but they didn’t, township has no solar ordinance.2
Township ordinance is ambiguous. Frank’s Nursery case — if ambiguous, allow property owner to do what they want with the property.
“Agricultural community” — Planning Commission and Board selected different definitions. Current use, peat mining and hay. Pollinator scale 45, and 85 with solar. Wetlands. Reduce carbon emissions.
Township argument:
Town Power Act does not restrict township actions. Bergen defines inconsistent, it’s not different.
Township Ordinance, Art. 3, Subd. 10, limits industrial uses that do not support agricultural. Solar is an industrial use. Twp. does allow solar in ag, BUT, it’s more restrictive, and it’s not inconsistnet.
The standard is whether down decision was rational, i.e., legally sufficient, supported by record.
Reasonable — inconsistent with agriculture, exported to the grid. CUP – exported, GreenMark takes issue with def of ag use, but see “Hubbard Broadcasting” denial of Conditional Use. Review is deferential. Mandamus (GreenMark’s action) review not to challenge discretionary decisions of local government.
Frank’s Nursery re: ambiguous ordinance, doesn’t require ordinance to be construed to support use. Court still needs to determine rationality.
Greenmark Rebuttal
Mandamus – this is about building permit, a ministerial act, not discretionary.
Does township even have jurisdiction/authority.
Purpose of project — Goodhue County, that’s the area.
Altenberg (?) – Town Powers Act – Twp didn’t adopt a more restrictive ordinance.
Bergum (?) – legislative intent of Town Powers Act.
Township Rebuttal
Cases of Mandamus for building permits
Goodhue – zoned agricultural, township couldn’t zone industrial, that would be inconsistent with county zoning.
__________________________
Judge Bayley said he has a lot of homework to do, and will do it and issue Order.