July 2009 – State & Province News
by Therese Dunphy, Editor-in-Chief
A trial involving a company that wanted to develop a quarry in Gurley has been postponed, with no new date set. According to The Huntsville Times, M&N Materials filed a 2005 lawsuit against the town of Gurley, Stan Simpson (who helped organize quarry opposition and was later elected mayor), and Vulcan Materials Co., which now owns the property. M&N wants the 240-acre property rezoned for use as a quarry or have an annexation vote reversed to allow a quarry to be built. It is also seeking $2.75 million, plus other damages, based on its claims that the town and mayor improperly interfered with a legal business venture to develop a quarry on property adjacent to the town. That interference, they say, caused Vulcan to decrease the amount it was willing to pay for the land. “A city and its officers cannot (and should not) be permitted to identify land outside its city limits, annex that property into its city limits, and zone it to prohibit lawful use just because it disagrees with the use of that property,” M&N’s attorney wrote in a filing.
The Rogers Group proved that noise from its operations is below state minimums. A 4029tv.com report notes that the company is seeking to expand its operation near Fayetteville, but neighbors have said they are worried about excessive noise and rattling. After test results were released, neighbors said the test blast wasn’t a good example of the types of explosions at the site. They’re right. Readings from company equipment taken during the last two years showed that most of the blasts have been below the test’s noise level.