AALTO, New Mexico - The Aalto neighbor group that opposes the proposed concrete plant has filed a lawsuit to prevent the plant from breaking ground in a scenic mountainous community.

"We are now fighting with all our strength," said Ellen Hightower, a resident of Alto, who lives a quarter of a mile from the proposed concrete mixing plant. "I think we are making very good progress in this area."

The lawsuit requires the court to declare that the proposed concrete mixing plant (owned by Carrizozo's Roper Construction, Inc.) is a "private nuisance" that damages the property value of homeowners in the area. The lawsuit also claims that if the concrete plant starts, the lawsuit also requires the court to "compensate ... the amount is sufficient to compensate for the decrease in the value of each plaintiff's property." 

The lawsuit listed approximately 50 Alto homeowners as plaintiffs and Roper Construction Inc. as defendants, and the lawsuit was filed in Lincoln County's 12th District Court on November 10.

"[T] The industrial plant he proposed will fundamentally change the local landscape, residential and rural nature, and prevent the plaintiff from quietly using and enjoying their unique real estate," the lawsuit against the construction company stated.

Ryan Roper, owner of Roper Construction Inc., declined to comment on the case.

In a previous statement to Ruidoso News, Roper stated that he believes in the free market in the United States and is trying to use the "highest and best use" of the unincorporated land he owns. Roper said he took care to comply with all laws and regulations in Lincoln County. 

Alto residents' organization opposed the proposed concrete mixing plant. The Lincoln County Committee passed a resolution to support them.

"Before all this started, we conducted due diligence, so we can ensure that everything we do is within the limits of the law and restrictions. We believe that we are doing everything in accordance with the law and the code, and doing it through the correct procedures. This," Roper said in late October.

The confrontation between Roper and his neighbors began in early June when a small notice was posted in front of a property owned by Roper, New Mexico Highway 220. 

This post is an announcement regarding the opening of the proposed concrete mixing plant for the property, which is located near the intersection of NM Highway 48 and Highway 220 in Lincoln County.

Since then, grassroots efforts between neighbors have gained momentum, and communication between AltoCEP, the New Mexico Department of Environment, and state and county officials began.

"Initially, several different community groups and individuals are doing research, finding something and starting a petition, trying to find a way to get people's attention to stop this," said Legacy Lane, who lives near the proposed factory. Craig Cathey said. "We hope to hold a public hearing before the transaction is completed."

Kaitlyn O'Brien, a spokesperson for the New Mexico Department of Environment, said that NMED applied for a "new source review construction permit" for Roper's concrete mixing plant, but its acceptance or rejection was delayed.

"Usually, such a license must be issued within 120 days of receiving the complete application, but because the license will undergo a public hearing, the issuance or rejection of the license will be postponed until after the hearing," she said in an electronic mail Said in the mail.

According to NMED, there are still months before the public hearing.

Prior to this, AltoCEP had sought help from the Lincoln County County Council to resolve the issue.

In October, the committee deliberated a resolution stating that the concrete plant “if built along the NM 220 highway may be considered a nuisance to surrounding owners.” The October resolution was passed by 3 votes to 2. Commissioner Todd Proctor and Commissioner Elaine Allen voted against the resolution.

In November last year, the committee members discussed whether regulations should be formulated to mediate situations like the concrete plant in the Alto residential area. According to Lincoln County Commissioner Tom Stewart, the discussion resulted in a deadlock and will be visited again at the next commissioner meeting.

Stewart said that at the upcoming December 21st meeting, committee members will discuss "maybe to go to voters to see if citizens want us to delineate the county," Stewart said, adding that he agreed with Roper's concrete mixing plant." May become a public nuisance" in Alto.

"But it hasn't been built yet," he said. "This is a very important difference. Before it is built, we cannot judge whether it will become a public nuisance. We will see what steps you have taken to prevent it from becoming a public nuisance."

Proctor said that for him, the issue is mainly about protecting the private property rights of Lincoln County residents.

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"Why does the county party committee stretch their necks and infringe people's private property rights? I represent a person in a completely different field, and they don't want their private property rights to be violated," he said.

At a recent AltoCEP meeting, neighbor Dave Edler told the group that he had worked in six concrete factories for 20 years.

"So I did almost everything in these factories," he said. "I have driven every truck and seen it. All concrete factories operate in the same way."

Edler shared a typical day at a concrete mixing plant with the team, from the "batch handler...the man who pressed all the buttons, drove all the trucks, and turned on all the lights" who arrived at 3 in the morning to hundreds of gallons cleaning trucks and garbage bins. After the equipment, pour the water containing flame retardant and antifreeze additives into the pit. 

"We have deer and elk coming to our back porch. My wife has named half of them," he said. "In the final analysis, if there is no huge elk fence around the property, wild animals will drink it."

Edler described conveyor belts, spray hoses, and high-speed diesel-powered trucks as fixtures of this type of facility.

"An 80,000-pound truck, tractor trailer, dry cement in the trailer, and a gasoline engine behind the cement truck," he said. "This has to be activated-it is a pneumatic system-it is connected to a hose and then blown to the top of the tank," he said, describing the huge waves of dry cement as "like talcum powder." "

"If it falls on your hand, you can't blow it off, you actually have to wipe it off. It will stick to the end." He said that the concrete dust being blown up by the wind means "you sleep with the window open. They will be different when they sit on the porch and drink coffee."

Alice Stokes said that she is currently living in that situation.

"Oh, I know all this, trust me," Stokes said, his 4 ½ acres next to Roper's current concrete plant in Carrizozo. Last week, she was standing on her porch, looking at Roper's multi-story cement factory next to her land. "The whole place is dirty. They have those dirt there, it blows right here, you can't even come out. It's scary. Sometimes it has no visibility," she said.

"Even my dog ​​keeps coughing," Stokes said. "There is floating dust everywhere. Every time I empty the vacuum cleaner, it will have very fine powder, that kind of gray powder," she said. "They also ruin my view of these mountains," she said, pointing to the hidden Sacramento ridge in the distance.

Opposite the Carrizozo concrete factory is a mobile home owned by Bob Carrisco, who has lived in Carrizozo since 2008. He said he did not notice any dust in the concrete mixing plant's home, but said there was a noise problem.

"There is a buzzing sound from there. I'm not sure what the decibel is. But I have to get used to it because I know it won't go away," he said. "It's a bit troublesome, but it won't affect my quality of life. These are pros and cons."

On the third side of the factory, closest to the highway, 43-year-old Philip Humphries is making biscuits in his mobile home. He said he has no complaints about the concrete factory. 

"Not at all," he said. "I heard their voices in the morning, they started very early, but that was their truck going around there. Sometimes they park the truck in the late afternoon, but that's all."

He said that there is no dust and no excessive noise.

Steve Fortelny, another neighbor of Roper’s concrete plant in Carrizozo, said that he lost the “incredible mountain view” when building the concrete plant, which “may make my property The value has dropped by about $20,000," he said.

"But this is a free business world, he is a businessman, and he is legal to do so. So that's it. Some people win, some people lose," Fortelny said, adding that Roper is "an entrepreneur And a damn good businessman." 

Roper, Fortelny said, "Grow up in a society where motivated and motivated people can succeed."

"So I don't blame him. I'm the loser of this stick, but I won't blame him for it. He walked through the gate. Not many people did this," Fortelny said, who initially tried to prevent Roper from building near his property. His concrete factory. 

"I hate to see that thing," he said of the towering concrete factory. "But I am trying to adapt to it."

Getting used to life near the concrete mixing plant is not something that AltoCEP Group is willing to accept.

Casey said he had no intention of relaxing his opposition to the concrete plant. He said that his home and his friends' homes, their physical and emotional health were threatened by Roper and his factory invading their communities.

"It is worth fighting until death. If he has more money than me, then we will solve this problem in court. If we lose our current attempt to stop him-in my opinion, let him regain his sanity- —This doesn’t stop my opposition,” Cathey said, and he said his only option would be to build a concrete factory. 

Before that, he said: "Every time he turns around, I drag his ass into the courtroom. As a rational businessman, he needs to understand that this is what he faces."

Reyes Mata III is a freelance writer who writes articles about the US-Mexico border issue. He was born and raised in El Paso and graduated from New Mexico State University. His email address is rmataonline@gmail.com. Story ideas are always welcome.