(La Porte County, IN) - A five-year battle to stop the alleged mining of sand outside La Porte will be settled in court.  Ryan Miller of D & M Excavating says he has a state issued permit to dig sand on property he owns in the area of W. Schultz Road north of La Porte.  However, he said the La Porte County Commissioners have placed a stop work order on his activity.

Miller told the commissioners during their meeting on Wednesday they have overstepped their bounds.  La Porte County attorney, Shaw Friedman, disagreed with Miller believing his state issued permit gives him authority to work the land.  Friedman says the case is going before an administrative law judge to decide.

Neighbors have been fighting the work saying it’s very disruptive to their lifestyles and decreases property values.  Neighbors also say Miller is running a business in a residential area but Miller claims he's only digging a hole for building a house on his property.