by Max Brantley
The 8th U.S. Circuit Court of Appeals today upheld a lower court's injunction that prevented Fayetteville from regulating the Rogers Group's limestone quarry near the city limits. The court said the city could only regulate quarries that were a nuisance and a court had to determine in the case of a quarry outside city limits that it was, in fact, a nuisance.
The city, responding to complaints about blasting, had passed an ordinance limiting hours of operation and taking other steps to mitigate noise and vibrations from the operation.