Anderson Township Board of Zoning Appeals overruled in Martin Marietta dispute

The tunnel was to be used to get at limestone the company wanted to mine.

CABOOM didn't want the mine or the tunnel, and argued that the BZA never should have granted the permit.

Today, Judge Ruehlman agreed,  saying "the BZA's decision is hereby reversed and declared null and void."

He says the decision was "replete with examples of illegal acts as well as invalid, void and ineffective conditions."

Among them:

>Permitting mining in a residential district

>Permitting storage of explosives

>And accepting a $5 million "good neighbor fee" from the company for unspecified costs.

CABOOM's lawyers are calling victory. "We're very excited," says attorney Tim Mara. "After 3 1/2 years its gotten to this point that we were correct, that the BZA exceeded its authority."

"it's like two tons of weight is off my shoulders," says Burger, who is the chairperson for CABOOM.. "We finally had our voices heard."

Steve Seivers with the township says it wouldn't be appropriate to comment on the ruling until they see it in writing. 

Same with the attorneys for Martin Marietta.

In court in November, the mining company said without the tunnel, their operation on Broadwell Road isn't feasible.
   

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