(La Porte County, IN) - A judge has ordered that the mining of sand be stopped in a residential area outside La Porte.
In 2015, D & M Excavating began mining sand at its property on 400 West a few miles north of the city limits. Nearby residents complaining about aspects of the operation, like dust and noise from dump trucks hauling sand, have been appealing ever since for the activity to stop.
At times, the county commissioners issued stop work orders, but this only gave the operation a stop-and-start nature.
Legal action resulted in three separate court hearings to present and hear evidence in the case. Judge Jeffrey Clymer in Porter County upheld the authority of the county commissioners, and ordered the work stopped.
The decision, however, is not final.
The stop work order could be lifted if the court, during a final hearing, rules in favor of the company. The company claims it has a right to mine sand on its property and has permits to do so.
However, the judge said it appears the mining was more on a commercial scale, in an area zoned residential and greater than what the property owner was initially led people to believe.
D & M Excavating claimed a hole was being dug for a pond for a house that was going to be constructed on the site. In his ruling however, Judge Clymer noted construction of a house never started, though.
“Defendant exceeded the scope of the work” that was to be completed as he described.
Attorney Shaw Friedman, who’s helping to represent county government in the case, said the judge’s ruling speaks for itself in terms of sand mining for profit being in violation of the zoning.
Friedman, who got involved with the dispute when he was the county government attorney, was allowed to continue on with the case by current county government attorney Scott Pejic. He credited a select number of current and past officials such as former commissioner Sheila Matias and former sheriff John Boyd for their assistance with the matter.
“This case is a great example of what happens when the entire county team rows in one direction and that includes the entire county commission, which at least on this matter has been unified and unwavering in their support of this effort to gain injunctive relief. We’re very pleased with this decision,” he said.
