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<br />,; <br />!• <br />limiting the permits as to any number of acres. The reasonable <br />interpretation is the permit is. for the full aceeage o:+ned by <br />the permit seeker. If the entire tract of Castle was in a zone <br />where mining t+as allowed, it would follow that the soninq resa- <br />. lution is speaking in terms of total acreage, not the size of <br />• the shaft opening or the quern opening. This means that the' <br />~ area thah can be :+orY.ed from the quarry operinq at the time <br />the mining was allowed by the zoning can be worked until the <br />ore reserve is deplete?. A zoning resolution must~be .interpre to <br />• 1 <br />in a reasonable manner. ~' ~ ~ ~~ <br />Castle owrs~.eighty acres in one mininq~locatien;.;that <br />ground ac=oss in William's Canyon is a separate tract end.shoulc <br />that area be mined, a permit would be required. ~ ~• <br />I conclude thak there was a vested right to mine the <br />lan3•at the time the quarry Y+as established. <br />Accordingly, I hold that the proper interpretation • <br />of the zoning resolution requires no permit for the_eightp"acre <br />tract wherein the present quarrying operations are.takinq place <br />and have ta!cen place since before Castle acquired the land. <br />.. <br />41iiERFFORE,'IT IS ORDER.D that Gastle Concrete Compa n; <br />say operate its quarry in the E 1/2 of Ti<A 1/4 Section 32, Rangy <br />67 lie st of 6P4 in To:+nship 13 South without pernit ~or approval <br />o~ location by the E1 Paso County Planning Co:~missien. <br />y+ i.: • . <br />,.•~S ~ ~v'~1. Done in c?:ambers this /°? day of /~C~.G2.LGl ~ _,197y <br />J ~ 11 <br />Slate of Scl ~:~do, Cc4nY of fl PA;^~~'y <br />CeA~li~~lo Can Imo eN}^ ;i•~ S <br />WOY S lh¢ o~I~na ,3 4~Y cuf:xY. ~ 1 <br />++++1/`. ~ e ~9eo:.. ;: cam. <br />J ..~',.~ '•n . <br /> <br /> <br />Y/fLLfAtA 6i. CnLVE°T <br />Siilliam hl. Calvert, District Sudge <br />~' <br />~. <br /> <br />