CROWN POINT | Lake County Commissioner Gerry Scheub is appealing a recent court order preventing him from having a vote regarding a proposed quarry near Lowell.
John Kopack, an attorney for Scheub, said Monday that Scheub has asked the Indiana Court of Appeals to overturn a Benton County Circuit Court judge's decision.
The Benton County court ruled last month that Scheub cannot sit on the Lake County Drainage Board when it takes up a proposed plan to open Singleton Stone Quarry LLC. The plan would be to excavate limestone from a 600-acre site southeast of Interstate 65 and Ind. 2. Scheub is a member of the panel.
The judge ruled that Richard McDevitt Jr., a Merrillville attorney, should replace Scheub on the Drainage Board regarding quarry matters.
Kopack said that while Scheub has been willing to give up his vote on the Drainage Board regarding the matter, the judge's order was technically flawed and contradicts earlier rulings by the Indiana Supreme Court.
Scheub, who represents residents living around the proposed quarry site, led opposition to it two years ago when the developers sought and won zoning approval. The quarry developer claimed Scheub was too biased to vote on the issue.
The developer now must get a green light from the county drainage panel.
James Wieser, an attorney for Singleton Stone LLC, said his client has been invited by Lake County Surveyor George Van Til to give an update Dec. 19 on when Singleton proposes to go forward with a drainage plan.
Scheub and other opponents to the quarry said the pumping needed to empty the quarry of groundwater might dry up local wells and flood drainage ditches.
However, the Lake County Council gave its qualified approval to the business zoning in 2010 on the strength of promises by quarry proponents that it would minimize any environmental impact.