Judge rules against Rogers quarry plan

A judge has ruled against Rogers Group in its case against Tippecanoe County, Indiana.

The suit was filed in January and named the county, county commissioners, the Board of Zoning Appeals, the Area Plan Commission and building inspector as defendants.

Rogers Group had been planning to build a stone quarry in Americus. Many residents opposed the plan. In July Tippecanoe County Commissioners passed an ordinance banning stone quarries near residential areas.

The lawsuit alleged the commissioners did not have the power to ban quarries near residential areas, and said the Rogers Group’s plan should be grandfathered in because it had already received several permits on the project before the ordinance took effect.

It also alleged that the Tippecanoe County Unified Zoning Ordinance, which mandates a special exception for a mining operation, violates Indiana code by preventing the Rogers Group from exercising its leased mineral rights for the land near Americus.

The fourth and final count in the lawsuit alleged that through its actions, in effect, the county took the property from them without compensation.

Source

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