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Monday, April 20, 2015

Ind. Gov't. - "Lawsuit over Americus quarry continues"

Updating a long list of earlier ILB entries, Mikel Livingston reported April 17th for the Lafayette Journal & Courier:

Both sides in the ongoing dispute over a proposed quarry near Americus made their cases Friday, requesting summary judgment from Superior Court 1 Judge Randy Williams.

It's the latest step in the back-and-forth battle that has waged since 2013, the year Nashville-based Rogers Group Inc. first notified residents it was proposing a stone quarry in northwest Tippecanoe County.

Attorneys for Rogers Group argue that the ordinance passed by the county commissioners last year was illegal and beyond the scope of the commissioners' power, while attorneys for the county say it was well within the board's right.

The crux of Friday's argument is whether the ordinance — which created a buffer zone between residential homes and quarry operations — can be considered a "zoning" ordinance or a "prohibition" ordinance.

Christopher Shelmon, an attorney with Gutwein Law, which is representing Rogers Group, argued the ordinance is a zoning ordinance and goes beyond the commissioners' authority.

"The defendants attempt to make this false dichotomy between police powers and zoning," Shelmon said. "Zoning is a police power. The ordinance is in fact quintessential zoning."

But Bob Reiling of Reiling, Teder and Schrier argued against that. His firm is representing the commissioners as well as county building commissioner.

"As long as the court finds this is a prohibition order — and I think there is ample evidence to support that — all these other arguments ... they're non sequiturs," Reiling said. "They don't make any sense."

Posted by Marcia Oddi on April 20, 2015 10:01 AM
Posted to Indiana Government