Hearing in Fruitland quarry case canceled; Strack Excavating becomes party in lawsuit

Two civil court cases continue to move forward as Saxony Lutheran High School attempts to stop two limestone quarries from operating nearby.

A hearing scheduled for Tuesday in the school's suit over a mine permit granted to Strack Excavating was canceled after the parties consented to allow the mining company to become a party to the case. That gives Strack attorney Brian McGovern of St. Louis the ability to argue on his client's behalf as part of the case between the school and the state. A case review before Judge William Syler is scheduled for Feb. 14.

The suit, filed in October, asks the judge to reverse the Missouri Department of Natural Resources' Land Reclamation Commission's September decision to grant Strack a permit to construct a 76-acre limestone mine near Saxony Lutheran High School off County Road 601.

Saxony is also challenging a permit awarded to a second mining company near the school, Heartland Materials. That company was awarded a permit in February and has been moving forward with operations at a 161-acre mine site adjacent to the school. But a Cole County judge in November ordered the Land Reclamation Commission to conduct a formal hearing to determine whether the Heartland Materials quarry adversely affects the health, safety and livelihood of students and teachers at Saxony and area residents. The judge did not take away the mine permit, as requested in Saxony's petition, so the quarry continues to operate.

Earlier this month, Jennifer S. Frazier, deputy chief council for the agriculture and environmental division of the Missouri attorney general's office, filed a motion to amend the judgment, asking the judge to uphold the Land Reclamation Commission's initial decision to grant the permit without giving the school and local residents, represented by Save Our Children's Health Inc., a hearing.

The next Land Reclamation Commission meeting is scheduled for Jan. 26.

"Until the judge rules on the motion, it is unlikely the commission will discuss the case further during a commission meeting," said Renee Bungart, director of communications for the Missouri Department of Natural Resources.

Stephen Jeffery of Clayton, Mo., attorney for Saxony and Save Our Children's Health Inc., said he is reviewing the commission's motion to amend the judgment and will be filing a response to it in January.

mmiller@semissourian.com

388-3646

Pertinent address:

Common Pleas Courthouse, Cape Girardeau, MO

County Road 601, Jackson, MO