A business that was turned down to start a sand mine in Cleveland now is seeking monetary damages from the town.
Larchmont Holdings LLC has notified the town that it is seeking an “undetermined” amount of money because it was unable to use its land to start the mine after the town board and Jackson County Board turned down its rezoning petition.
Said denial by the county board and opposition to the petition and its amendments by the (town of Cleveland) was unlawful as the denial was a product of an abuse of discretion, excess of power and error of law,” wrote attorney Jack Buswell, who is representing Larchmont Holdings.
Cleveland Town Chair Tom Maciejczak couldn’t be reached for comment, but Clerk Phil Hazard said he has forwarded the claim to the town’s insurance company.
The county board in October voted 17-1 to deny Larchmont Holdings’ 246-acre rezoning request to allow for a sand mine in the town. The board’s vote came after a previous town board meeting, where it voted 2-1 on a resolution to oppose the request.
Larchmont representative David Westrate told the county board the company was willing to reduce the size of the operation and eliminate acreage that would land lock certain Cleveland properties.
He also stated the company would ensure the operation would come no closer than 900 feet of a trout stream — an issue of concern for some town residents.
The company’s notice of claim stated the denial by the county board was “in large part” made because the town of Cleveland opposed the petition with its changes, and it noted the company complied with the county’s zoning procedures and regulations.
Buswell could not be reached for direct comment on Larchmont’s claim.
Hazard said an update on the claim will be discussed at the town board’s Dec.