Burned business files lawsuit against city

Eloise Ogden/MDN

A business that was the scene of a fire earlier this year has filed a lawsuit against the City of Minot.

The fire at Earth Recycling, 3005 4th Avenue Northwest, on May 18 resulted in extensive damage, including the total loss of a building used for a portion of the business. The City of Minot issued a “cease and desist” order to Earth Recycling on July 24, contending that the business was not in compliance with zoning regulations.

In their lawsuit Earth Recycling maintains that their recycling business was grandfathered in and therefore does not need to comply with zoning regulations enacted in 2013 by the city. Earth Recycling began doing business at their west Minot location in 2008.

Earth Recycling, represented by attorney Lynn Boughey of Bismarck, has requested that a temporary restraining order be issued to stop the City of Minot from enforcing an order to cease and desist. No temporary restraining order for Earth Recycling had been issued as of late afternoon Thursday.