Appellate Court
Upholds Decision Limiting Quarry Production
June 4, 2003
A panel of 3 Appellate Court
judges upheld a 2001 decision by Superior Court Judge Burrell Ives Humphries
limiting production of the Saddle Mountain Quarry to 1996 levels.
CLEAN was thrilled with the decision, even though the judge rejected CLEAN's
argument that the quarry's production be limited to an even lower level.
"It's great news for us
and the people of Ringwood," said Joanne Atlas, CLEAN's Vice President, who
was quoted in an article in the Bergen Record. Although private property
rights need to be recognized, she added, the ruling "makes it clear that
private property interests cannot be allowed to ride roughshod over the well-being
of the community."
CLEAN assisted residents in their battle against the quarry since the beginning,
when residents would regularly show up at Borough Council meetings carrying
giant pieces of fly-rock that hand landed in their yards after a particularly
large blast. CLEAN monitored the quarry's activity, reporting excessive blasting,
discharges of silted water into the West Brook, and excess truck traffic
endangering residents on winding local roads.
An important legal principle was upheld with the decision. The quarry, which
was in existence before the current zoning laws in Ringwood, is a "non-conforming
use;" a business that is existing in an area not zoned for that type
of activity. The decision upholds the notion that while non-conforming
business can operate, the do not have the right to expand without local intervention
and wreak havoc on local neighborhoods in which they reside.
CLEAN congratulates the residents who have worked long and hard to win this
hard-fought victory.