SAND SPRINGS, OK. -- The owner of a limestone quarry in Sand Springs have appealed to the Oklahoma Supreme Court a ruling over a denial of a special use permit.
In December, a Tulsa County District Court judge upheld a ruling by the city of Sand Springs, denying a permit to Sand Springs Materials LLC to open a quarry between Avery Drive and 41st Street.
The company sued the city after the Sand Springs Planning Commission and the city council denied the special use permit.
Related story: 2/27/2008 Fight Over Quarry Headed To Court
The latest appeal was not unexpected, according to Sand Springs city attorney David Weatherford.
"The firm has made a substantial investment to date in its SUP application, and an appeal to the Oklahoma Supreme Court would seem to the next logical step in any continued effort to overturn the Planning Commission's decision," Weatherford said. "As it did at the District Court level, the City will be prepared to represent to the Supreme Court justices that the public's interests were properly served throughout the application and hearing processes, and that the decision rendered by the Planning Commission and affirmed by the City Council was not arbitrary or capricious."
Weatherford does not anticipate a decision from the state Supreme Court justices until sometime in 2010.