VICTORY IN QUARRY LITIGATION

On September 21, 2000 Judge Burrell I. Humphreys ruled that the Borough of Ringwood has the right to regulate the amount of quarrying conducted in a residential zone within the Borough. Skylands CLEAN, a defendant intervener since September 1999, played a significant role in achieving this victory. CLEAN was well represented by attorney Jim Norman during the proceedings.

Saddle Mountain L.P. (operating as Van Orden Sand and Gravel), a subsidiary of Braen Stone Industries of Haledon, sued the Borough in 1999 when the Borough denied them a license renewal. Van Orden had operated as a small-scale, seasonal, mom-&-pop operation, but was purchased in 1990 by Braen, who promptly expanded production exponentially.

In 1992, under an environmentally-conscious mayor and council, the Borough passed a strong ordinance limiting quarry operations in the Borough. In addition, the Saddle Mountain L.P. quarry was told to appear before the Board of Adjustment in Ringwood to prove their claim to the right to a non-conforming use (quarrying in a residential zone.) Braen sued the Borough. Under attack from the Wise Use Coalition in Ringwood, the mayor resigned.

In 1996, a council much friendlier to development interests dropped the earlier demands and settled the quarry’s lawsuit without public input. Since 1996, Borough officials estimate that production at the quarry has more than doubled, and the operation has evolved from sand-and-gravel to hard rock gravel, including blasting, crushing, and grinding operations with their associated noise and dust.

Judge Humphreys ruled that the quarry’s expansion violated the 1996 agreement, and ordered production cut back to 1996 levels. He added that, had the Borough not entered into the agreement, production at the quarry would be cut back to 1961 levels.

In the current lawsuit, the Borough initially attempted to keep Skylands CLEAN out of the case and conducted a number of private negotiating sessions with the quarry operators. Despite this, CLEAN has played a positive and forceful role. CLEAN has conducted significant legal research, met frequently with residents, insisted that the Borough listen to residents’ concerns, and ensured that the Borough did not yield to the quarry interests. CLEAN is grateful that the Borough has concurred with the residents’ concerns and has argued effectively for them in the trial. If the administration had shown the same interest in the residents’ situation in 1996, conditions in the quarry neighborhood would be much improved today.