(La Porte, IN) - Plans for a subdivision outside La Porte have nearby residents fearing that the proposed development is an excuse to try and resume the mining and selling of sand that’s been disrupting their quality of life.
The developer, Ryan Miller, president of D&M Excavating, went before the La Porte County Planning Commission Tuesday seeking permission to create a 39-unit subdivision on his property in the area of Schultz Road and 400 West.
Eight years ago, Miller began digging sand from the residentially-zoned property. At the time, he explained it was for a pond he wanted for a dream home he planned on building for himself.
Nearby residents, complaining mostly about dust and noise as well as roads being damaged by heavy trucks hauling sand from the site, argued he was engaged in the commercial and industrial mining of sand in violation of the zoning. They were previously successful in obtaining four stop-work orders from the county government in 2015, 2019, 2020, and 2022. Gradually, though, the work resumed each time.
More recently, the county, alleging violations of the latest stop work order, sought relief from a judge, who issued a preliminary injunction to stop the digging for now. The court order is temporary until the judge issues a final ruling on whether the activities comply with the permitted land use. Miller also filed a still-pending lawsuit against the county alleging unconstitutional taking of property.
Attorney Andrew Voeltz, who represents Miller, denied the proposed subdivision is an effort to find a loophole for allowing the digging of sand to legally resume. He also told planning commission members the undecided legal issues have no bearing on their decision.
“None of that has any relevance to the board,” he said.
Instead, Voeltz said the only issue to consider during the initial stage of the approvals process is whether the subdivision plans meet the restrictions under the current residential zoning.
“We have met the requirements and ask that it be approved,” he said.
Representing the county on legal matters is attorney Shaw Friedman, who asked the planning commission to turn down the subdivision request, noting that the past history of a petitioner is a legal factor for the planning commission to weigh in its decision.
He said digging a pond for a home is among the ways Miller has been deceptive to run what’s really been a lucrative commercial operation in a residential neighborhood.
Friedman went further, saying no water has been struck yet for the so-called pond, which is now an over three-acre, up to 30-foot deep hole in the ground from the mining of sand. He also pointed out there’s never been any residential construction or even building or septic permit applications filed.
Friedman said that should raise concerns about whether just sand mining will occur where the subdivision is targeted.
Friedman also said that during a court hearing last week, Miller’s legal counsel announced a motion to dissolve the stop work order will be filed once approval is granted for the subdivision to resume the minding of sand.
“Don’t let anyone tell you this petition and the litigation aren’t related. They absolutely are,” he said.
Randy Veatch, of 4177 West Schultz Road, said his property is much more prone to flooding because of changes the digging has brought to how the land naturally drains.
Jacqueline Thomas, of 3484 North 400 West, said roads in the neighborhood have also been heavily damaged from excessive truck traffic and the weight of the sand being hauled.
“Please, please don’t approve this. This man has not been a good neighbor,” Thomas said.
The request was tabled indefinitely to give planning commission members time to decide whether more requirements should be added to the petitioner’s construction application.
