Timeline of Enon Sand & Gravel’s (ES&G’s) Appeal in the 2nd District Court of Appeals

• Notice of Appeal filed (1/6/21)
• ES&G Brief filed (3/15/21)
• ES&G requested this matter be scheduled for oral argument. The case will be set for oral argument at the earliest date available, after all briefs have been filed (3/19/21)

Enon Sand & Gravel’s proposed limestone quarry, 426 acres in Mad River Township.

Private Citizens’ Lawsuit settled in Clark County Common Pleas Court, a good Christmas present!

When Clark County prematurely settled the lawsuit filed against it by Enon Sand & Gravel in federal district court,  four neighboring landowners took up the fight against the mining company’s exaggerated claims that large portions of its recently acquired land in southern Mad River Township were exempt (“grandfathered”) from Clark County Zoning regulations which would have required a conditional use permit for mining operations in an area zoned for agricultural/residential use.

Following a 3 day trial in Clark County Common Pleas Court , CAM is pleased to report that the neighbors have received a favorable decision in their private lawsuit against Enon Sand & Gravel, the effect of which (if upheld by the Court of Appeals) will be to require the company to apply to the Clark County Board of Zoning Appeals for a conditional use permit before commencing mining operations on some 90 acres which the company had alleged they could mine without a conditional use permit.  

DECISION GRANTING INJUNCTION, JUDGE DALE A. CRAWFORD, visiting

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A Win for Quarry Opponents

Company Must Have Permit Before It Starts Mining In Mad River Township by Chris Welter, WYSO