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~ ~ i <br />twenty-five to thirty acres. October 5, 1970, the zoning <br />resolution i+as amended so as to permit mining (t-tineral and <br />:la tural Resource ^xtraction) subject to County Planning <br />Corc~ission approval of location. <br />' Casty has invested $350,000 in the purchase price; <br />the costs of plays, development and improvement in the quarry <br />s_cx a: u is access roaa. <br />Def_ndant Ingraham issued a Cease and Desist Order <br />to the Plaintiff June 5, 1973. This order was based on Defendan• <br />Ingrah a.~'s and T,frea's determination that the zoning resolution <br />' prohibited any expansibn of a nonconforming us=. ~~ <br />I~Ii ning wa•s a permitted use of the land at~the tir..e~ <br />Castle purchased it, and Castle spent money ma):ing•the~access <br />road useable, cleaning up the~auzrry, and preparing to mina <br />known mineral are reserves. 'She Defendants, Ingraham and Tyree, <br />interpreted the zoning change to zegvire a pemit as to locatior <br />before Castle has a right to, mine. 4ihat siie location 'could be <br />'applied for? There is no language in the zoning.resolution ' <br />• touching this. <br />~, <br />•• <br />A reasonable interpreta~ioa of a mine is not the 6122 <br />.• th=_ e;cisting opening, but rather the ore within the tract that <br />cen be reached or mined from the opening. Tu require the miner <br />to get a permit for each expansion would mean that a~permit <br />world be for ten acres, then anoth_r ten acres, and so for <br />each increment of ter. acres until the whole tract owned was min <br />~~ )lining by its verb nature e:;hausts and depletes the location, <br />so that additional ground oust be mined as 'long as the ore <br />reserves remain. But the zoning resolution says nothing as to <br /> <br />• ~--- <br />