« Ind. Courts - Sierra Club files suit against Duke Energy | Main | Ind. Law - "New law will require passengers to get help" »

Friday, April 04, 2008

Ind. Decisions - "Carmel can regulate mines"

The City of Carmel, Indiana v. Martin Marietta Materials, Inc., issued late yesterday afternoon by the Supreme Court (see ILB summary here), is the subject of a story today by the Indianapolis Star's Francesca Jarosz. A quote:

The decision in Carmel's favor could provide some relief to homeowners in the Kingswood subdivision bordering Martin Marietta. For years, they have fought the company's attempts to expand its operations.

But one of Carmel's lawyers in the case says the ruling won't end the city's struggle with the mining operation.

The city has a separate lawsuit pending in the U.S. District Court in Indianapolis that Martin Marietta filed in 2006, accusing Carmel Mayor Jim Brainard of using political power to stop the company from expanding its mine.

It was not immediately known whether a hearing has been set for that case. [ILB - see a list including ILB entries re federal suit here.]

In the trial court where the mining ordinance issue was originally heard, Martin Marietta set forth other arguments in contending the ordinance was invalid. The company could raise those arguments again if litigation continues.

Posted by Marcia Oddi on April 4, 2008 07:58 AM
Posted to Ind. Sup.Ct. Decisions