PERMFILE41125

• Permit No: M1980143
• IBM Index Class Name: Permit File
• Doc Name: CROSS MOTION FOR SUMMARY JUDGMENT
• Media Type: D
• Archive: No

II.
THE ORDER OF THE BOARD AUTHORIZING
ISSUANCE DF THE MINING PERMIT WAS SUP-
PORTED BY THE OVERWHELMING WEIGHT OF
EVIDENCE.
Plaintiffs allege that the board's findings were unsup-
ported by substantial evidence. This assertion is groundless
if not frivolous! The evidence includes a letter from Mr.
Robert ri. Ernst. certified construction engineer. which
letter i5 exhibit H to plaintiff's motion. In the opinion
of Mr. Ernst, as stated in his letter:
It does not appear that the operation
of the rock crusher and support equip-
ment in this area will create a struc-
tural hazard to any buildings in the
immediate vicinity.
Plaintiffs in their brief overlook that there was additional
evidence on this subject. Mr. Sadler himself testified
(transcript p. l4) that he employed an architect to review
the property. that the architect did so and that the archi-
tect "indicated that he did not know what had caused the
dry-wall cracks."
In response to repeated questioning. Mr. Sadler himself
was unable to adduce any evidence that in fact his house
had been damayed by the gravel operation (transcript pp.
-9-