A Tennessee company has sued officials in Tippecanoe County, saying they didn't have the authority to pass an ordinance meant to block a proposed limestone quarry project along the Wabash River.
Rogers Group Inc. filed the lawsuit Thursday against the county, its board of commissioners, zoning appeals officials and the county building commissioner, the Journal and Courier reported. The company wants to build a quarry on 524 acres of land near Americus.
Company attorney Andy Gutwein argued the ordinance shouldn’t affect quarry construction because the law was passed after Rogers Group obtained rights to mine.
The county “has appropriated Rogers Group’s property for public use without just compensation under the State of Indiana’s eminent domain laws,” Gutwein said.
The ordinance approved by the county’s Board of Commissioners in July prohibits stone quarries within two-miles of 100 homes. Many residents in the area about 10 miles northeast of Lafayette have opposed the quarry plans, citing worries such as dust, truck traffic, blasting and property values.
Commissioner John Knochel voted for the ordinance and said he thinks the company doesn't have a case.