A judge in Clark County has granted an injunction in a lawsuit filed by local residents against Enon Sand & Gravel.
The judge’s decision said Enon Sand & Gravel, a subsidiary of The Jurgensen Companies, must get a conditional use permit from the county's board of zoning appeals before it starts mining on certain parcels the company owns in Mad River Township.
Enon Sand & Gravel's attorneys argued in court that mining on that land commenced before November 1964,when Clark County formed its zoning board. Therefore, the company said, it should be exempt from needing a permit.
The plaintiffs in the case are four Clark County residents who live next to the prospective mining site. Their lawsuit said they will be "specially" damaged if Enon Sand & Gravel started mining next to their homes.
Paul J. Kavanagh represented the homeowners.
“I think my clients were correct and we had a judge that agreed with us," he said in an interview. "People should be able to protect their own interests in their water, their trees, their view.”
Kavanagh anticipated that Enon Sand & Gravel will appeal the decision with the Second District Court of Appeals in Dayton. The company's attorney did not respond to a request for comment.
Environmental reporter Chris Welter is a corps member with Report for America, a national service program that places journalists into local newsrooms.
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