Chalk up a victory for the New Hanover Township and concerned citizens group Ban the Quarry/Paradise Watchdogs.

                Montgomery County Court of Common Pleas Judge Kent Albright ruled May 17 in favor of the township who filed an injunction against Gibraltar Rock Inc. to cease operations at their quarry on the parcel known as Gibraltar Rock 1.  Gibraltar Rock 1, a 163-acre site off Layfield, Big and Coleflesh roads, had been under construction since August.

                Gibraltar Rock had been operating without filing a land development application and plan with the township despite being issued a cease and desist order Aug. 20.  The company was issued a mining permit by the state Department of Environmental Protection (DEP) in 2005.

                A separate appeal was filed by Ban the Quarry/Paradise Watchdogs and residents by Attorney Christopher Mullaney against the DEP for issuing that permit.  The permit was reportedly given despite the fact that DEP failed to verify the company was in compliance with local ordinances and didn’t fence the permit area prior to work, among other allegations.  That appeal was dismissed in January by the Environmental Hearing Board.       

                According to court documents in the May 17 ruling, Gibraltar Rock contended the township didn’t have any authority to regulate their mining operations because their ordinances are preempted by the state’s action of issuing them a mining permit.

                Judge Albright didn’t agree, citing the terms of the Noncoal Surface Mining Permit.  That permit states, in part, “The permittee is responsible for complying with local ordinances adopted pursuant to the Municipalities Planning Code…Nothing in the permit shall be construed to relieve the permittee from any responsibilities, liabilities or penalties to which the permittee may be subject to under federal, state or local laws.”

                In the order, Judge Albright noted that the extensive, ever-expanding use of the land to be mined by Gibraltar dictated the production of a land development plan to address a number of land use concerns like water management and roadway use.

                Gibraltar Rock can start operations back up after the township approves a properly submitted land development application and plan.

                “On behalf of Ban the Quarry/Paradise Watchdogs, we applaud the court’s decision as it is a correct one," said Mullaney. "It’s arrogant for a developer such as the quarry to think they are exempt from land development ordinances.  Clearly the court believes that mining of 200-some acres of various parcels with large pits and machinery equates to land development.”

                The action is the latest in a nine-year battle between the township, Ban the Quarry/Paradise Watchdogs and individual residents.  New Hanover officials and residents have expressed concerns about water and air quality, noise pollution and increased traffic, among other matters.

                Gibraltar Rock 1 was granted conditional approval by the zoning hearing board after a special exception was granted for the use of the land which is zoned Heavy Industrial (HI).  The company is appealing the conditions in that approval.  Gibraltar Rock 2 and 3, additional parcels purchased since 2001, are still undergoing hearings with the zoning hearing board. 

                The township has spent approximately $1 million on legal proceedings against Gibraltar Rock to date.