The Eastern District of the Missouri Court of Appeals has denied a motion by Strack Excavating LLC of Cape Girardeau to be able to operate its quarry near Saxony Lutheran High School and has set a briefing schedule for the parties involved in the appeals process.
Strack Excavating had sought from the appeals court approval to mine its 76-acre quarry during the course of the appeal, but the motion was denied without comment.
The court also announced that Saxony Lutheran High School, the respondent, has until Dec. 10 to file a brief with the court. Strack Excavating and the Missouri Land Reclamation Commission's briefs are due Jan. 2, with Saxony Lutheran's reply due Jan. 15.
In circuit court last month, Saxony Lutheran argued the land commission was prohibited by law from issuing a permit to a quarry that has a boundary within 1,000 feet of an accredited school. At the time the permit was issued, Strack's mine-plan boundary was 55 feet from Saxony's property. But, in response to a change in state law, the commission modified the permit to require a larger buffer before giving approval.
The permit to Strack was granted under the condition that its boundary be 1,000 feet from school property.
In response, Strack claimed that vacating the permit would be an undue hardship that effectively would shut down the quarry.
Judge William Syler sided with Saxony Lutheran and reversed the commission's decision, vacated the permit, and sent it back to them to reconsider the application. He also denied Strack's request to run the quarry during the appeals process.
Strack still has a permit that allows for the selling of dirt and the crushing of limestone that already has been mined at the quarry, but the decision of the appeals court halts any further mining.
The case will be argued before the appeals court in February.
County Road 601, Fruitland, MO