Township had claimed that the quarry was a nuisance
HOUGHTON -- UPDATE: Thurs., April 4, 7 p.m.
A circuit court judge has ruled in favor of several residents and Portage Township who file separate lawsuits against the Valley View Quarry.
In a 12-page order released Thursday afternoon, Judge Roy Gotham said Moyle must cease operations at the quarry.
After a hearing held in February, his decision came down to the issue of exclusionary zoning, a law which prohibits communities from intentionally excluding a necessary business.
Gotham determined that Moyle’s operation was not a public necessity and said the township's ordinance is valid.
“What it means for my clients is peace of mind,” said Steve Pence, a lawyer for three township residents. “The nuisance that they've been subjected to was so great, that their taxes were cut in half. Living in a rural-residential area, they never expected a quarrying operation to be setup.”
While it’s likely Moyle will try to appeal the decision, Pence said it’s necessary that all aspects of the case are completed first. He said his clients are still waiting for a ruling on damages.
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Circuit Judge Roy Gotham has ruled that a gravel pit that's been operating in Portage Township must cease operations.
The case was filed last September when some residents who live near the site complained that the quarry created excessive noise, dust and vibration and was a nuisance.
Attorneys for residents insisted that zoning laws prohibited such an operation.
Judge Gotham ruled in their favor: "...it appears the ordinance is the law and is indeed valid, both on its face and as applied in this case."
The defendants in the case are VVQ Land Holdings LLC and Thomas Moyle Jr. Incorporated, who operated the quarry.
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