Ruling stops quarry operations

By APRIL KELLEY

DAKOTA CITY - The fate of the Rutland quarry was decided on Thursday, April 10, by a summary judgment ruling passed down by District Court Judge Angela L. Doyle.

Doyle ruled, “Cole Bryant Anderson is permanently enjoined (prohibited) from conducting quarrying operations or making other illegal use of the Real Estate in violation of the zoning ordinance of Humboldt County, Iowa, without first obtaining a special use permit.”

Doyle stated in her judgment, “The court finds Anderson has not overcome the presumption that the zoning ordinance is valid. The Court cannot adjudicate (make the decision) Anderson’s claim that as a matter of law the zoning ordinance was not properly enacted.”

She continued with, “After a careful examination of the record, the Court concludes that no genuine material questions of fact exist as to whether the Board of Supervisors properly enacted the county zoning ordinance in 1996 and recodified the ordinance in 2015. As a result, the Court finds summary judgment is proper and Humboldt County’s Motion for Summary Judgment should be granted.”

Humboldt County Attorney Jon Beaty and Attorneys Brian Yung and Stuart Cochrane stated, “We appreciate the Court’s thoughtful and well-reasoned decision and are pleased with the outcome. This decision confirms the validity of the County’s zoning ordinance and the County’s enforcement of the ordinance. Because this matter involved ongoing litigation, we will not have further comment at this time.”

Anderson or his attorney, Ernest Kersten, could not be reached for comment at this time.