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Judge Orders County To Issue Asphalt Plant

Asphalt project gets green light in Superior Court

May 21, 2019 · RALEIGH — With a pair of concurring opinions published May 21, the North Carolina Court of Appeals affirmed the county planning board's decision to issue a Polluting Industries Development Ordinance permit to Appalachian Materials for a proposed asphalt plant in the case of Ashe County v. Ashe County Planning Board.

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Madison Asphalt, LLC v. Madison Cnty :: 2021 :: North

Sep 05, 2020 · Round two goes to Madison Asphalt in the family-owned paving contractor's ongoing campaign to bring an asphalt plant to Marshall. Superior Court Judge Gary Gavenus ruled Sept. 4 …

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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket …

authorized Interstate Concrete and Asphalt Company ("Interstate") to operate an asphalt batch plant within Frank and Carol Linscott's gravel mine in Sagle, Idaho. In its petition for judicial review by the Bonner County district court, CAL challenged both the validity of the Amendment and the County's decision to issue the CUP.

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Court Rules Against Radford Asphalt Plant

Good news out of Superior Court today! The judge upheld the county's decision to deny a HILU permit for the proposed asphalt plant to be located in the residential neighborhood near Rainbow Trail. As quoted in the Watauga Democrat, here's an excerpt from the judge's decision: "'Because the Court has affirmed the BOA's decision as to Issue I, Issue II and further found that the decision as to

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Superior Court Judge Indicates Upholding Board's Decision

Dec 14, 2016 · Dec. 14, 2016. A Superior Court judge upheld the Watauga County Board of Adjustment's ruling to overturn the Watauga County Planning Department's decision to revoke an asphalt plant permit

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N.C. Court of Appeals upholds asphalt plant permit in Ashe

Mar 03, 2020 · Bucks County Court of Common Pleas Judge Robert J. Mellon issued an injunction Tuesday preventing an asphalt plant at Rockhill Quarry in East Rockhill, handing a …

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Asphalt Plants - Blue

NEW STUDY REVEALS ASPHALT PLANT DANGERS . Oct. 23, 2007: Today at a press conference in Spruce Pine, the Mitchell County Citizens for Clean Air and the Blue Ridge Environmental Defense League released an air pollution study of the proposed Young & McQueen asphalt plant which shows that air toxins would be deposited far from the plant site.

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PUBLISHED UNITED STATES COURT OF APPEALS

authorized the County Planning Board to issue a variance if strict adherence to the PIDO "would cause an unnecessary hardship." Ashe County Ordinance § 159.07. TCP did not receive a variance or permit to construct its asphalt plant after the enactment of the PIDO. In July 1999, TCP initiated this action, alleging that the County

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Court Rules Against Radford Asphalt Plant

Clear Sky Madison is contesting the state's Department of Environmental Quality's Division of Air Quality decision to issue the permit to Madison Asphalt, which plans to operate inside the McCrary

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Court ruling mostly favors Rockhill Quarry - News - The

Mar 06, 2019 · However, the court ruled that consideration of a proposed asphalt plant at the quarry would need to be decided in county court. A federal judge overseeing ongoing litigation against the …

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Watauga ordered to issue Rainbow Trail asphalt plant

Good news out of Superior Court today! The judge upheld the county's decision to deny a HILU permit for the proposed asphalt plant to be located in the residential neighborhood near Rainbow Trail.

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Ashe Cty. v. Ashe Cty. Plan. Bd :: 2019 :: North Carolina

The County has now appealed Judge Bray's order to our Court. II. Analysis The County's unelected Planning Board, which operates as the County's board of adjustments, voted in favor of permitting Appalachian Materials' proposed asphalt plant. See Ashe County Code § 153.04(J) (2015) (stating that the County's Planning Board acts as the

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Judge: No asphalt plant at Rockhill Quarry - News - Bucks

May 23, 2019 · RALEIGH — In a ruling published May 21, the North Carolina Court of Appeals affirmed the county planning board's decision to issue a Polluting Industries Development Ordinance permit to Appalachian Materials for a proposed asphalt plant in the case of …

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Clear Sky Madison taking actions to fight Madison Asphalt

Jul 10, 2021 · Clear Sky is also defending Madison County Board of Adjustment's 5-0 ruling in June 2019 to reject Madison Asphalt's conditional use permit to bring an …

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In the matter of Buffalo Bituminous's Petition for a

Jul 02, 1996 · Footnotes. Wright County, Minn., Zoning Ordinance ' 505 (1995) authorizes the commission to issue CUPs. . Bituminous's new 1995 application addresses the potential negative impact of the operation in much more detail than its earlier applications. It retained experts to provide opinions on those concerns, and made more specific the plans to minimize adverse effects and to restore the land.

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Citizens for a Sustainable Madison County, NC

An asphalt plant in Madison County is closer to reality than ever before, now that a judge has overturned Madison County's unanimous Board of Adjustment ruling denying the permit. The BOA is preparing to sign the permit on 9/28/20 and construction on the asphalt plant can begin immediately.

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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket …

In nearby Sandpoint, Idaho, Interstate operates an asphalt batch plant in the north of the city. This batch plant has operated since 1987 and, over the years, Interstate has received special use permits from the County to conduct temporary asphalt operations at the Linscott' sgravel pit.

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Clear Sky Madison takes action to fight Madison Asphalt

Jul 10, 2021 · Clear Sky is also defending the Madison County Board of Adjustment's 5-0 decision in June 2019 to reject Madison Asphalt's conditional use permit to bring an asphalt plant to Marshall. On September 4, 2020, Superior Court Judge Gary Gavenus ruled that the Madison County Board of Directors is overturning its original decision.

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Grandview group claims asphalt plant creates health

Oct 14, 2013 · The lawsuit asks for a temporary restraining order to halt issuance of the new permit and to let a Jackson County court judge decide if the process followed to review the plant's permit

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Circuit Court for Frederick County Case No. C-10-CV-19

— Unreported Opinion — Following a de novo hearing, the Frederick County Board of Appeals reached a two- to-two tie vote on a motion to deny a site plan for a proposed asphalt plant. Pursuant to the Board of Appeals' bylaws, the tie vote resulted in a denial of the site plan.

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