The whole issue had to do with the fact that the "contested case hearing" was held after the vote to issue the permit.  After 7 years of testimony and study the board thought they had shown more than due diligence, and listened to all sides.  What if they ruled NOT to issue the permit?  Then everyone can just go home right?  The  Court Judges decided that the Board should have had ESP and known that the permit was going to be contested.  But, how do you know that until the permit is granted?  There is nothing to contest until there is actually a decision made to grant!
They did however hold a case hearing and the findings of the hearing were that the permit should still be granted.
Now, there is currently another hearing taking place.  And, the Parade of the Obstructionists goes on and on.