Laptop Battery A Southampton firm is mounting a legal challenge against the township's new mining law, and contesting the conditions it would have to meet in order to extract sand here.
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Thinkpad Lakes Sand & Gravel Co. is appealing the Township Committee's recently adopted resource extraction law in Superior Court in Mount Holly, according to Patrick McAndrew, a Medford attorney representing the firm.
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Microsoft The company also is contesting the conditions the township Land Devel-opment Board placed on its permit to mine sand on part of a 96-acre tract on Medford Lakes Road for two years, McAndrew said.
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Laptop Computers Last month, the Township Committee passed a law that regulates the mining of natural resources. Also last month, the Land Development Board approved the Lakes Sand & Gravel's application for a resource extraction permit, along with a number of conditions.
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Laptop Computer The law and the conditions on the permit place unfair restrictions on Lakes Sand & Gravel, McAndrew said yesterday.
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Desktop Computer "It imposes requirements on us that they don't impose on anyone else, such as the hours of operation and days of operation," he said.
Notebooks Under the board's conditions, the firm will be allowed to mine sand from 8 a.m. to 4 p.m. Monday through Fri-day for a period of two years. No work can be done on weekends or holidays.
Lenovo Catherine Haas, one of the owners of Lakes Sand & Gravel, has said the restrictions on the hours of operation, particularly the prohibition of mining on weekends, would make it impossible to turn a profit.
Hard Drive Township Solicitor Peter Lange said the township has a legal right to regulate mining operations in town. "The town thinks that there is rational and legal justification for limiting their hours of operations," Lange said.
Travelstar Lange also noted the township's mining code does not seek to specifically regulate the Haas family but rather all existing and future mining operations in Taber-nacle.
Gateway The Land Development Board rejected the firm's application last year, citing concerns about contamination at the 96-acre site. In August, however, Superior Court Assignment Judge John A. Sweeney said board members erred in that decision and ordered them to approve the application.
Laptop Parts Sweeney said the board could set conditions on the permit, excluding those that pertain to solid-waste issues or a 7-acre former landfill there.
By Paul Leakan
Burlington County Times - 10/16/2003
Topic: Mining