A Charlevoix judge heard arguments from a gravel mine company and residents, who say mining in their Northern Michigan township violates a 30-year-old legal agreement.
When Hayes Township residents learned in April that mining in Bay Shore could go on for 36 more years, they took the issue to the Charlevoix County Circuit Court.
Ellis Boal represents the residents. He said the amended 1991 consent agreement included a 25-year time limit on mining.
“...The township does not believe that a 71-year lifespan for this operation was contemplated by anyone in 1989,” Boal said.
Gary Schenk represents Rieth-Riley, the company that now owns the property. He said the agreement states the schedule can be changed according to market demands.
“I don't know how it could be any more unambiguous than to say this schedule is advisory, and may be adjusted, accelerated or decelerated,” Schenk said.
JoEllen Rudolph is a Hayes Township resident and an original intervenor from the 1989 case. She said the residents won’t settle on Rieth-Riley's terms in mediation.
“...The one was that we would give up any rights to come back to court - that was the one was a deal breaker," Rudolph said. "We're not going to do that, they're not a trustworthy company.”
Rudolph said she hopes to the gravel pit can be shutdown in her lifetime.
"We're so tired of this, but we're gonna keep representing Bay Shore for the community," Rudolph said.
Judge Roy Hayes III has scheduled a hearing for November, where both sides will present evidence.
