House Bill 4746 was signed into law
PORTAGE TOWNSHIP -- Operations have been dead for nearly four months, but new legislation may breathe new life into the Valley View Quarry. Introduced by Representative Matt Huuki and supported by State Senator Tom Casperson, House Bill 4746 was signed into law by Governor Rick Snyder Wednesday.
The new law says that "A zoning ordinance shall not prevent the extraction by mining of valuable natural resources from any property unless very serious consequences would result."
"What we tried to do in this legislation is actually identify some of that by using past court cases which made it so that townships, ultimately through those examples, could stop mining if they chose to do that," said Senator Casperson.
The law basically reverses a case recently won by Portage Township residents to cease operations at the Valley View Quarry. An injunction was placed on Valley View to restore peace to a nearby rural, residential neighborhood. But now the quarry will get another chance. Neighbors to the quarry feel betrayed by their local legislators.
"It's a tragedy for my clients," said quarry neighbors' attorney, Steve Pence. "It causes them a loss of respect for the overall system of justice of Michigan where you can win a case fair and square and have your legislators take it away from you."
So why isn't the quarry up and running yet? Owner, Moyle, says they still have a couple of hurdles to jump before they get back to work. The injunction to cease operations at the quarry is still in place.
"The next step in the case would be to approach the township and see how they want to deal with the litigation on this quarry, and I guess, see how they want to work with us towards the future of reopening this quarry."
As for nearby residents, their attorney says the law is unconstitutional; he's waiting to hear what the township decides before making his next move.
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