AMERICUS, Ind. (WLFI) — The Indiana Supreme Court will not hear legal arguments over a stone quarry proposal in Americus.
Attorneys for the Rogers Group and Tippecanoe County both asked the Court to hear the case.
The Rogers Group tried to get approval for the quarry in 2014, which set-off a community backlash.
The Tippecanoe County commissioners passed an ordinance banning mining within two miles of 100 homes, which blocked the Americus quarry.
The Rogers Group then sued unsuccessfully. It went to the Court of Appeals, which upheld half the lower court ruling and revoked the other half. The Appeals Court ruled the county’s ordinance was invalid, but did uphold the Tippecanoe County Board of Zoning Appeals’ special exception required for mining operations in a flood plain.
Both sides then asked the Indiana Supreme Court to hear the case. The Supreme Court declined early this month.
Bob Reiling represents the county and said he’s not surprised with the Supreme Court’s decision.
“The Supreme Court has guidelines as to what situations they will actually hear and appeal,” Reiling said. “Normally, it’s got to be something that’s a conflict in the law, something new, much like our rules to get into the United States Supreme Court.”
The Supreme Court ruled in a 3-2 decision the case did not merit being heard by them, so Reiling said that puts the parties back into Tippecanoe County.
He said Rogers Group will have to make the next move, which could involve going before the Board of Zoning Appeals.
Rogers Group attorney Chris Shelman would not comment on the company’s next move.
We will hear more including community reaction coming up later on WLFI.com and on News 18 at 11.