Update:

Jamestown  (CSi)  The hearing regarding of the temporary restraining order requested by North Dakota Soybean Processors against the Spiritwood Energy Park Association, will be continued at 10 a.m. Thursday, September 12, 2019 in East Central District Court in Fargo.

The case will now be heard by Judge Stephanie Stiel following approval of  the change of judge motion by SEPA.

Judge Tristan Van de Streek issued the temporary restraining order on August 14, this year.

The temporary restraining order was  requested by North Dakota Soybean Processors against the Spiritwood Energy Park Association.

The SEPA Board of Directors had nullified its agreement with North Dakota Soybean Processors, noting delays in the start of the construction of the plant.

North Dakota Soybean Processors sought and received a temporary restraining order prohibiting SEPA from nullifying the agreement.

Previously…

Jamestown  (CSi) In an order, issued Tuesday Aug 13, the Cass County District Court entered a temporary restraining order and preliminary injunction prohibiting the Spiritwood Energy Park Association (SEPA)  from terminating the agreement with North Dakota Soybean Processors.

On July 24 this year,  the SEPA  exercised its option to terminate a Key Terms Agreement with ND Soybean Processors for a planned soybean crushing plant at Spiritwood, thus effectively ending the connection between NDSP and SEPA that they had entered into in 2017 for the development of a large-scale soybean-crushing facility at the Energy Park.

The court order is in response to a lawsuit NDSP filed against SEPA on August 8, 2019, seeking an injunction.

NDSP asserts that SEPA violated the terms of the development agreement it entered into with NDSP when SEPA attempted to terminate the agreement for convenience on July 24, 2019.

Also on that date,  in  Executive Session, the SEPA Board also approved a temporary exclusivity agreement with another firm for the development of an unspecified project at the SEPA industrial park.

The court order also prohibits SEPA from entering into a new agreement with another entity for the purposes of  developing, constructing, or operating a soybean-crushing facility in or adjacent to the Spiritwood Energy Park.

The temporary restraining order remains effective until a further order of the Court.  A hearing in the case is scheduled for Sept. 4 in Fargo.

NDSP  states that it remains ready, willing, and able to proceed with the  $287 million soybean crushing facility at the Spiritwood Energy Park, and to aggressively protect its rights embaling NDSP  to proceed to construct what would be the only farmer-owned soybean-crushing facility in North Dakota.