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- ~~' I` , • <br />twenty-five to thirty acres. October 5, 1970, the zoning <br />resolution was amended so as to permit mining (Funeral and <br />;la total Resource Dxtraction) subjec[ to County Planning . <br />Commission approval of location. <br />Castle has invested $340,000 in the purchase price; <br />the costs of plans, developr,.ent and improvement in the quarry <br />sits a..^.d its access road. <br />Defendant Ingraham issued a Cease and Desist Order <br />to the Plaintiff June 5, 1973. Tnis order was based on Defendan+ <br />Zngrahz_^~'s and Tyree's dote=urination that the zoning resolution <br />prohibited any expansibn of a nonconfo_ning use. , <br />Fliniag was a peraitted use of the land at~~the tir..e~ <br />Castle purchased it, and Castle scent money ma):inq the~aceess <br />road useable, cleaning up the~auz_*ry, and preparing to mine ~• <br />' kno•.+n mineral .ore reserves. The Defendants, Zngratiam•and Tyre=, <br />' interpreted the zoning change to require a permit as to locatior <br />before Castle has a rigit to, mine. Yihat siie location 'could be <br />.~ "apolied for? There is no language in the zoninq.resolution <br />. touching:this. <br />A reasonable interpretation of a mine is not the sizes <br />the existing opening, but rather the ore within the tract that <br />czn be reached or mined from the opening. Tv require the miner <br />to get a permit Eor each expansion would mean that a'p=rnit - <br />wo•sld 6e for ten acres, then another ten acres, and so for <br />each inc_ement of ter, acres until the whole tract awned was nin <br />Mining by its ver}~ nature e::hausts and depletes the location, <br />P <br />so that additional ground must be mined as long as the ore <br />reserves rcmain_ Hut the zoning resolution says nothing as to ~• <br />~ .. ... .. <br /> <br />