Connell Resources Asphalt Plant: Case Summary & Court Findings
A two-year battle over toxic-chemical setbacks, zoning authority, and neighborhood health ends with a complete court victory for Wellington residents and the Board of Trustees.
Final Ruling — Court Upheld, July 2024Windsor-based Connell Resources LLC sought to close its aging hot-mix asphalt plant near the I-25/Harmony Road interchange in Timnath and relocate operations to a 35-acre industrial parcel at 3548 E. Larimer County Road 66 in Wellington, adjacent to the Buffalo Creek subdivision on the town’s north side. The move was tied to an affiliated company’s plan to redevelop the Timnath site as part of the 240-acre Ladera residential and commercial project.
Wellington’s Planning Commission approved Connell’s site plan 6-1 on June 5, 2023. However, Wellington residents Ayla and Ben Leistikow, who live near the proposed site, filed an appeal alleging multiple land use code violations, chiefly that the Planning Commission had misapplied setback rules governing facilities that “produce or curate” toxic chemicals. Under Wellington’s code, such operations require a 2,640-foot setback from residential areas; the Board of Adjustment had only approved one of the two variances down from 1,000 feet to 800 feet.
The central legal dispute came down to a few words in Wellington’s Land Use Code: does an asphalt mixing plant “produce or curate” toxic chemicals? Connell argued it does not, raw materials arrive by truck, and only non-hazardous asphalt exits the facility. Opponents contended that burning industrial quantities of natural gas to dry aggregates produces and emits toxic exhaust compounds, making the 2,640-foot standard plainly applicable.
“No one disputes that Connell’s emissions meet federal standards, but the town’s land use code doesn’t distinguish between varying levels of emissions.”Trustee Jon Gaiter, August 2023 Board Meeting
After more than three hours of debate, the Board of Trustees voted 4-3 on August 23, 2023 to reverse the Planning Commission’s approval, siding with the Leistikows. Connell Resources sued the Board in September 2023. In July 2024, Judge Stephen Jouard of the Larimer County District Court upheld the Board’s decision, ruling the code provisions were neither vague nor misapplied.
Hundreds of residents pack the Leeper Center. Ayla Leistikow begins organizing neighbors; the commission delays its vote to hear extended public testimony against the plant.
The commission approves Connell’s plan with an 800-foot setback variance, incorrectly treating the other setback, 2,640 ft, as non-reviewable.
After a three-hour debate, Trustees Macdonald, Wiegand, Tietz, and Gaiter vote to overturn the Planning Commission, requiring the 2,640-foot toxic-chemical setback. Connell’s 35-acre parcel — roughly 1,250 × 1,250 feet — cannot accommodate that setback.
Connell sues in Larimer County District Court, alleging the Board exceeded its jurisdiction, acted arbitrarily, and misread the Land Use Code. Case No. 2023CV30781 filed against the Wellington Board of Trustees.
Judge Stephen Jouard rules the Board acted within its authority, the Planning Commission erred as a matter of law in approving the siteplan without considering the 2,640 ft setback, and the code provisions are sufficiently clear to meet due-process standards. Connell signals it is exploring an appeal.
- Ashley Macdonald, Mayor Pro-Tem
- David Wiegand, Trustee
- Shirrell Tietz, Trustee
- Jon Gaiter, Trustee
- Calar Chaussee, Mayor
- Brian Mason, Trustee
- Rebekka Dailey, Trustee
The Colorado Dept. of Public Health & Environment found Connell Resources in violation of a state emissions test at its Timnath plant in 2021. The company paid a $7,000 fine and came into compliance, a record cited by opponents during Wellington hearings.
Wellington’s town attorney told trustees that in decades of representing the town, his office had found no precedent for a resident appeal of a Planning Commission decision to the Board of Trustees, making this a novel procedural moment for Wellington.
The case turned on whether combustion exhaust from drying aggregates constitutes “producing or curating” toxic chemicals. The court affirmed the Board’s reading: it does. The plain text of the code, not federal EPA thresholds, governs Wellington’s setback requirements.
Connell’s 35-acre parcel measured approximately 1,250 × 1,250 feet. A 2,640-foot setback exceeds the entire property’s dimension in any direction, effectively barring asphalt production on this site regardless of layout.
The Wellington relocation was not merely operational, it was required to free the Timnath site for the 240-acre Ladera residential and commercial project. The court loss leaves Connell without a path forward on either site as originally planned.
The case would never have reached the Board, or the courts, without the Leistikows filing their appeal and attorney Jeffrey Cullers arguing that toxic emissions require no minimum quantity threshold. Their persistence forced the full legal review that ultimately protected the neighborhood.
Connell Resources Inc. v. Board of Trustees of Wellington, Colorado
The court affirmed that the Board of Trustees acted within its authority and possessed jurisdiction to review and make a final decision on appeal regarding the Planning Commission’s approval of Connell’s site plan. The Board did not exceed or abuse its discretion by hearing the resident appeal.
The court found the Planning Commission erred as a matter of law by not openly and fully considering the nature of the proposed use, because it mistakenly believed the 800-foot variance grant was not reviewable. This procedural error was itself a ground for the Board’s reversal.
The Board’s reversal was found to be “supported by competent evidence.” The court rejected Connell’s claim that the trustees acted with no factual basis when they applied the 2,640-foot toxic-chemical setback to a hot-mix asphalt plant.
“The reversal is supported by competent evidence.” — Judge JouardThe court rejected Connell’s vagueness challenge. The code provisions at issue were found to be neither unconstitutionally vague on their face nor vague as applied to Connell’s proposed hot-mix asphalt plant. The plain text and meaning of the words and phrases at issue meet due-process standards.
“The code overall and the plain text and meaning of the words and phrases … are sufficiently clear to meet due-process standards.” — Judge JouardConnell had argued the Board abused its discretion under Rule 106 review standards by overturning the Planning Commission with “no competent evidence” that the plant would produce, curate, and emit toxic chemicals. The court disagreed, finding the trustees’ interpretation of the code reasonable and the evidentiary record sufficient.
“While we respect the court’s affirmation of the Wellington Board of Trustees’ strict interpretation of their Land Use Code, we disagree with the decision. In the end, this dispute is over the definition of a few words within the Land Use Code and not the impact of our operation on air quality, as our asphalt plant would have no greater impact than that of a gas station or fast-food restaurant.”John Warren, President, Connell Resources — July 2024
Warren further stated that the Board’s decision “precludes our proposed use and effectively makes industrial property within the town undevelopable,” and that the company is “exploring options of appealing this court decision and identifying other opportunities.” As of the ruling, no further court filings have been publicly announced.