ILNews

Court decides Carmel mining case

Michael W. Hoskins
January 1, 2008
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More than a year after hearing arguments in a Carmel mining-regulation case, the Indiana Supreme Court decided Thursday that municipalities can regulate mining and don't have to rely on a zoning process to do so.

The unanimous decision came in City of Carmel v. Martin Marietta Materials, Inc., No. 29S04-0611-CV-469. Justice Frank Sullivan authored the ruling in Carmel's favor after considering the validity of a 2005 city ordinance exerting control over the 50-year-old mining operation by regulating issues such as the mine's hours of operation and intensity at which it could set off blasts.

Marietta argued that Carmel was overstepping its jurisdiction because it didn't follow proper procedure in passing the mining regulation ordinance. Hamilton Superior Judge William Hughes had prohibited the city from enforcing the ordinance, and the Court of Appeals agreed in 2006.

Justices heard arguments in January 2007. In Thursday's ruling, the court pointed to Marietta's prevailing argument as a "fairly technical one" and said the company wrongly interpreted the General Assembly's intent in passing a law to regulate mining activities solely through the zoning process.

"But the fallacy in Martin Marietta's argument is its contention that when a unit exercises its police power, at least with respect to mining, the unit is compelled to utilize the zoning process," Justice Sullivan wrote, noting that municipalities must use a process called the 600 Series Procedures allowing a planning commission to first review and make recommendations on a zoning amendment. "But beyond that, a unit may, but is not required to, use the zoning process to regulate mining. In the alternative, the City may proceed as it did here."

This holding is consistent with the "home rule" philosophy, Justice Sullivan wrote, and in that thought Indiana Code 36-8-2-4 and the Home Rule Act authorize the city council to "regulate mining without diminishing the authority of zoning procedures with respect to dictating what type of land use is permitted and where."

The court also noted that the Carmel ordinance doesn't unlawfully delegate legislative authority to an administrative official, as Marietta had also contended.

While no direct impact exists from this state appellate ruling, a federal suit remains pending in U.S. District Court in Indianapolis. Filed by Marietta in 2006, the suit accuses Carmel Mayor Jim Brainard of using his political power to stop the company from expanding its mining operation. That suit, Marietta v. Brainard, remains open but is wrapped up in settlement conferences, according to the court docket.
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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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