Thursday, September 08, 2016
Ind. Decisions - "Supreme Court won't hear quarry suit"
As the ILB posted Tuesday, the Supreme Court has, 3-2, denied transfer in Rogers Group, Inc. v. Tippecanoe County, et al.
Here is Jeremy Ervin's story in today's Lafayette Journal & Courier. Some quotes:
AMERICUS, Ind. — For a controversial quarry project to move forward in Americus, the company behind it must step back into the public spotlight.
On Sept. 1, the Indiana Supreme Court declined to revisit an appeals court decision that struck down a last-minute ordinance passed in by the Tippecanoe County Board of Commissioners. But the court upheld the county's requirement for a special exception to mine on a flood plain.
"We feel good about that but won't really feel good until it's completely done and over with," said Bill Miller, co-president of the Americus Area Community Coalition. His wife, Kay Miller, also is co-president.
Rogers Group has not yet filed for a special exception with the Area Board of Zoning Appeals.
"We expect that to happen, but we have no idea when that would be," Tippecanoe County Commissioner Tom Murtaugh said Wednesday. * * *
The appeals court ruled that the ordinance was invalid. It also upheld the requirement for the special exception by the Area Board of Zoning Appeals. To get the exception, Rogers Group must complete a detailed mining reclamation plan and file it with the board.
Among other requirements for the special exception, a party also must provide an "Interested Persons List" of people who own property adjacent or close to the project site. The party requesting the exception must take certain steps to notify the public, such as posting signs, mailing letters to people on the "Interested Persons List" and publishing notifications in local newspapers.