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NewsNovember 8, 2011

A Cole County Circuit Court has ruled that Saxony Lutheran High School and Save Our Childrens' Health, Inc., both in Fruitland, have standing to challenge the mining permit issued by the Missouri Land Reclamation Commission to Heartland Materials, LLC...

Southeast Missourian

A Cole County Circuit Court has ruled that Saxony Lutheran High School and Save Our Childrens' Health, Inc., both in Fruitland, have standing to challenge the mining permit issued by the Missouri Land Reclamation Commission to Heartland Materials, LLC.

The court directed the Missouri Land Reclamation Commission, a division of the Missouri Department of Natural Resources, 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.

Since February, Heartland Materials has had a permit from the commission to operate a limestone quarry on a 161-acre site adjacent to the school.

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The judge found that the Land Reclamation Commission's February decision when it refused to conduct a hearing and instead issued the mining permit was "unlawful." The court's order states the Land Reclamation Commission's February decision was "arbitrary, capricious, unreasonable, and not substantially justified."

Pertinent address:

County Road 601, Jackson, MO

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