Red-dirt lawsuit goes back to Circuit Court
Posted on Friday, November 30, 2007
BENTON COUNTY — The Arkansas Supreme Court returned Benton County’s appeal of a mining lawsuit back to Circuit Court on Thursday.
Dave Covington, owner of Overland Development Inc., filed a lawsuit in 2006 in Benton County Circuit Court regarding an earlier decision by the Benton County Planning Board to deny his plans for a red-dirt mine east of Old Wire Road and south of Cross Hollows Road near Lowell.
On May 3, Circuit Judge Tom Keith granted a motion of summary judgment, effectively giving Covington the right to develop the mine.
Benton County appealed that decision, which was reversed and remanded back to Keith’s court by the Arkansas Supreme Court on Thursday. “ We conclude that a genuine issue of material fact does exist regarding whether there would be a significant archeological impact on the Cross Hollows area from the red-dirt mining proposed by Overland, ” Supreme Court documents state.
The court also questions the clarity of the circuit court’s ruling. “ Though Benton County argues in its brief that there was a legitimate government interest, or rational basis, to treat Overland’s red-dirt mine differently from other mines in the area, we decline to address this constitutional issue because of our uncertainty about whether it was fully developed before the circuit court. ”
Covington first submitted plans in February 2006, but plans were tabled after the board learned of possible Civil War artifacts buried near the site. In August, the Planning Board denied the plans in a 5-2 vote.
Covington appealed the decision, which was affirmed by a three-member county appeal board.
Covington then filed a motion for summary judgment, which Keith granted.
Covington’s suit claimed the company’s application was denied because the mine was not consistent and compatible with the environment or development in the area, but that there are no standards in place for the Planning Board to reach that determination.
The suit also stated the 133-acre tract was formerly the site of a lime quarry and the property immediately east of and adjoining the tract has at least three red-dirt mines.
Covington’s red-dirt mine project was strongly opposed by local historians who contended the Cross Hollows site is home to Civil War artifacts and archeological relics. Cross Hollows was the encampment site of Confederate and Union soldiers in 1861 and 1862. The Trail of Tears also went through the area.
Covington hired the Arkansas Archeological Survey to conduct an archaeological study. The study concluded there were no Civil War relics of note at the site.
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