Anderson Township
2:49 pm
Fri December 28, 2012

Appeals Court rules on proposed Anderson Twp mine

The controversial plan to build an underground limestone mine in Anderson Township is heading back to the local zoning board of appeals.  

The Ohio First District Court of Appeals issued an opinion Friday that's good news for both sides of the fight.  

Martin Marietta, which wants to build the facility, asked the appeals court to eliminate a good neighbor fee the Anderson Township Zoning Board of Appeals included when it approved permits for the project in 2010.  The court wrote "in this complex administrative matter, we find it more appropriate to allow the BZA to decide in the first instance whether to grant the zoning permits requested by Martin Marietta without this condition."  

The Appeals Court also reversed a Hamilton County Judge's ruling that the BZA's decision is null and void. 

Opponents got a win when the Appeals Courts decided Indian Hill, Terrace Park and Newtown have standing in the case with 60 individuals who want to stop the proposed limestone mine.  

Attorney Tim Mara, who represents some of the opponents, said in a statement his side will argue vigorously before the B-Z-A that it should now turn down the company's application for zoning permits for the project.