Saxony Lutheran school, Fruitland residents appeal quarry permit decisions

Tuesday, March 8, 2011

Saxony Lutheran High School and Fruitland residents are appealing the Missouri Land Reclamation Commission's decision from last month about applications for quarries by two local developers.

The school and Save Our Children's Health Inc. of Fruitland, filed a petition Monday in Cole County Circuit Court asking for judicial review of three decisions made by the Commission on Feb. 7:

* Denial of Saxony's request for a evidentiary hearing on a quarry permit application by Heartland Materials.

* Denial of Save our Children's Health's request for an evidentiary hearing on quarry permit applications by both Heartland Materials and Strack Excavating.

* Issuance of a mining permit to Heartland Materials.

Since September, some Fruitland residents and Saxony administrators have been fighting proposals for limestone quarries near the school, off County Road 601.

The Department of Natural Resources, which oversees the commission, declined to comment on the petition filed Monday.

The commission will have 30 days to respond once the petition is served, said Stephen Jeffery, a Clayton, Mo., attorney representing both Fruitland organizations.

"We are at the very beginning of a several month process," he said.

During the same Feb. 7 meeting where the decisions under appeal were made, the commission did grant Saxony a hearing on a mining permit request by Strack Excavating for a 76-acre mine site between U.S. 61 and County Road 601. A hearing date has not yet been set.

The commission said in February that differences in the two quarry proposals justified a hearing on Strack, but not Heartland Materials.

The petitioners hope after reviewing their case, the court will withdraw the mining permit issued to Heartland Materials for a 161-acre mine across from the school and order an evidentiary hearing on the company's mine application, Jeffery said.

The petition also asks for the independent Save our Children's Health organization to be included, along with the school, in hearings on mine permit requests by both Strack Excavating and Heartland Materials.

mmiller@semissourian.com

388-3646

Pertinent address:

County Road 601, Jackson, MO

Map of pertinent addresses

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