Citizens Against Mining

citizensagainstmining3@gmail.com

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WE WON! “Therefore the appellant must obtain a conditional use permit to engage in surface mining. Judgement affirmed.”

On 10/29/21, the Second District Court of Appeals affirmed the ruling handed down by Judge Crawford in the Common Pleas Court of Clark County in December of 2020. Enon Sand & Gravel will not be able to mine on the former Demmy farm in Mad River Township until a conditional use permit is obtained from the Clark County Board of Zoning Appeals. However, the Jurgensen Aggregate Company may appeal this decision of the Second District Court of Appeals to the Ohio Supreme Court.

To read the full text of the Opinion, Click here.

Background

On Tuesday, August 3, 2021, the three judges of the Ohio Second District Court of Appeals, sitting in Dayton, Ohio, heard oral arguments in Enon Sand and Gravel’s appeal of the Clark County Common Pleas Court’s ruling in favor of the neighboring landowners in their lawsuit seeking to enforce the Clark County Zoning Resolution and require the mining company to obtain a conditional use permit from the Clark County Board of Zoning Appeals before commencing a limestone mining operation on the former Demmy farm in southern Mad River Township. The neighbors were ably represented in the mining company’s appeal by Springfield attorney Paul Kavanagh, who argued forcefully that the failure of the Clark County Commissioners to enforce the County’s zoning regulations should not preclude the neighbors who will be specially damaged by the mining operation from bringing an enforcement action. Keep your fingers crossed that the Court of Appeals will affirm the trial court’s well-reasoned decision in the neighboring landowners’ favor.

THE FACTS!

  • THIS VICTORY DESERVES YOUR FINANCIAL SUPPORT!
  • Join or renew your Annual Membership to CAM for 2022
  • We need your financial support to oppose Jergensen’s proposed 400+ acre limestone mine!
    • $100 for a family membership
    • or better yet $222 for 2022!

 

last update

1-2022