Janklow's claims color debate

A debate over the location of an ethanol plant devolved into a head-to-head argument between lawyer Bill Janklow and county commissioner Anne Hajek Tuesday.

The argument, at the Minnehaha County Commission meeting, accomplished little in terms of swaying commissioners against the proposed Buffalo Ridge Energy ethanol plant: The rezoning of land near Sherman passed unanimously.

Janklow, a former governor and congressman, accused Hajek of spreading inaccurate information about his affiliation with ethanol producer Poet, formerly Broin Cos., and said Hajek had a conflict of interest in the issue.

Janklow said he voluntarily has represented landowners Delbert and Linda Danielson in their disagreement with Buffalo Ridge over the selling price of their land. Janklow said Hajek had told several people that he is associated with the law firm Woods, Fuller Schultz & Smith, and his work "may be a front for Broin because they represent Broin."

"I have never represented Broin in my life, I don't represent them now, I don't speak for them," Janklow said. "I don't speak for Woods, Fuller (Schultz & Smith), and I am not a member of the Woods, Fuller law firm."

In April, lawyers with Woods, Fuller Schultz & Smith confirmed to the Argus Leader that Janklow was of counsel with the firm. "Of counsel" is a term applied to someone who aids in the preparation and management of a legal case but who is not the principal lawyer.

Janklow said he recently had learned that Hajek and her husband, Douglas Hajek, are both lawyers. Douglas Hajek is a partner with Davenport Evans Hurwitz & Smith in Sioux Falls. Janklow said Douglas Hajek had represented a Wentworth ethanol plant when it split off from the original company. Janklow said her voting on the issue was a conflict of interest.

"Is it illegal? No, it's not illegal, but ... I do think it does raise serious questions that only you have to answer," Janklow said.

Hajek declined to recuse herself from the vote, saying she would not discuss her husband's clients with Janklow and that she did not know all of them.

Hajek said she was concerned about any possible ties Janklow might have to Poet.

"I did raise that issue with you, and I continue to have those concerns," she said.

Three weeks ago, the commission decided to defer a decision on rezoning the land to give Buffalo Ridge Energy and the Danielsons more time to come to a purchase price agreement.

Both sides said that did not happen.

"We were not able to reach a resolution between the parties," said Mike Bornitz, who represents Buffalo Ridge. "I don't think it was for lack of trying on either of the sides."

The commissioners approved the rezoning for the 50-million-gallon-a-year ethanol plant unanimously, although Commissioner Bob Kolbe said he did so reluctantly.

He questioned Chad Core, a project developer with Fagen Inc. working on Buffalo Ridge, about the environmental effect the ethanol plant could have.

Others were concerned with the personal effect.

College student Brandi Pierret, who was raised in the area, said the action means residents "will lose our entire way of life."

"We chose to live here where there is no industry," she said.

Her father, Randy Pierret, said the plant will ruin the quality of life in the area. Area residents are being railroaded, he said.

"One of our best assets has now turned into our worst liability, which is low population," he said.

"If this area was surrounded by housing, the rezoning would probably be a nonissue because you would not consider putting this in an area that is more densely populated."

Commissioner Jeff Barth praised the proposed ethanol plant.

"This is a tremendous investment being made in our county and our area," he said. "I think, in weighing things, the positives and the negatives, we have to be planning and moving forward."

Reach reporter Jill Callison at 331-2307.

 

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