Fayetteville quarry wins court appeal | Arkansas Blog

Monday, December 27, 2010

Fayetteville quarry wins court appeal

Posted By on Mon, Dec 27, 2010 at 11:32 AM

The 8th U.S. Circuit Court of Appeals today upheld a lower court's injunction that prevented Fayetteville from regulating the Rogers Group's limestone quarry near the city limits. The court said the city could only regulate quarries that were a nuisance and a court had to determine in the case of a quarry outside city limits that it was, in fact, a nuisance.

The city, responding to complaints about blasting, had passed an ordinance limiting hours of operation and taking other steps to mitigate noise and vibrations from the operation.

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