Sand Permit Upheld



A lawsuit seeking the reversal of a 2012 decision by the Buffalo County Board of Adjustment to issue a permit for a sand mining project in the town of Gilmanton was denied in circuit court.
    
Pierce County Circuit Judge Joseph Boles upheld the board of adjustment's issuance of a sand mining permit to R & J Rolling Acres, LLP, of Gilmanton.

The Cochrane-Fountain City School District and Mike O'Connor of Buffalo County filed suits alleging errs and mistakes by the board of adjustment.

Glacier Sands, LLC, a mining company developer associated with the R & J Rolling Acres project, joined the suit as an intervening defendant in support of the permit.

C-FC and O'Connor consolidated their cases.

Boles denied the suit's argument that the zoning board's decision was arbitrary and unreasonable.
    
O'Connor and C-FC also argued that it was illegal for the mining company to apply a second time for a permit after a first permit was denied by the board.

The suit's arguments on the 2nd application were not persuasive, Boles ruled. Forever barring 2nd applications for permits would not be reasonable he ruled.

The court's ruling frequently cited lack of proof, foundation and legal authority in the suit's arguments to overturn the board's decision......
   

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Topics : Law_Crime
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Locations : Buffalo CountyGilmanton
People : Joseph Boles
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