BELLE MINA, Ala. — Residents of Belle Mina hoping to see work on a quarry development stopped had their hopes dashed Monday when a judge denied filings for an injunction and lifted a Temporary Restraining Order on the developers.
DOCUMENT: Read the judge's decision in full (PDF)
The dispute centers on the use of property located east of I-65, near the intersection of Mooresville and Garret Roads. The area is just a stone's throw from several churches and private farms, as well as the Tennessee Valley Research & Extension Center, an agricultural research center staffed by Auburn University.
The plaintiffs asked the court to consider the TVREC a "public school." Local laws prohibit the establishment or relocation of a quarry within 2.5 miles of public schools. The plaintiffs also referenced a similar state law prohibiting quarry operations within one mile of a designated Tennessee Valley Authority (TVA) Industrial Development Mega Site.
Work on that quarry was just getting started when a judge put a short-term restraining order in place, pausing all mining activity just long enough for a court hearing last week. Delays including a medical emergency led to Circuit Judge Matthew R. Huggins postponing his ruling to Monday.
In rejecting the plaintiffs' motion, Huggins determined that the extension center isn’t a public school and the factory isn’t actually part of the TVA Mega Site.
“The Court recognizes and understands the disappointment of Belle Mina residents over the ruling today, but must nevertheless do its duty according to the rule of law," Huggins wrote. "The precise issues before the Court are whether the TVREC is a ‘public school’ and whether the Toyota-Mazda manufacturing factory is ‘the TVA Industrial Development Mega Site’ articulated by statute. They clearly are not.”
FOX54 has reached out to community members and parties on both sides for comment related to Monday's ruling.
Rev. Cody Gilliam of Belle Mina Methodist Church, who has helped organize the fight against the quarry, says that the church is now represented by the Southern Environmental Law Center. Gilliam said the SELC is preparing a cease-and-desist letter to the quarry operators, citing concerns that the quarry may violate Endangered Species Act by posing a threat to three species of native river snails.
This could pave the way for further legal action in an attempt to stop the quarry from operating.