September 2009 – State & Province News
by Therese Dunphy, Editor-in-Chief
A U.S. District judge dismissed Rogers Group’s lawsuit against Limestone County Commission members, but at Aggregates Manager’s press time had not decided whether the quarry violates four state laws aimed at preventing its operation near Tanner. The News Courier reports that U.S. District Judge Inge Johnson dismissed Rogers Group’s claims against individual commission members, the commission, and landowners, but will hear evidence before deciding the constitutionality of local laws and whether they apply to the quarry. In a separate case, U.S. District Judge Sharon Blackburn dismissed a request by attorneys for the Limestone County Commission and landowners to return the case to the Limestone County Circuit Court. That case is now closed.
Months after a Phoenix Municipal Court judge ruled that Fisher Sand & Gravel Co. did not obtain a city permit to build a 3-year-old asphalt plant on its site, some south Phoenix residents are pressuring the city to shut down the plant. According to The Arizona Republic, city officials say they don’t have the legal authority to shut the plant down. In the meantime, the company is appealing the court ruling. Company officials outlined a proposal to allow the asphalt plant to operate for eight years. In return for the city’s approval, the company would shut down the plant and its nearby gravel operation and build a commerce park on the 50-acre site. The proposal is making its way through the zoning process. Public hearings could be starting at any time.