Miners suing Lee for $18M -

Schwab Materials Inc. says county’s anti-blasting ordinance cost them millions

By Jamie Henline - naplesnews.com - Tuesday, July 25, 2006

The owners of a mine on eastern Corkscrew Road are suing Lee County for more than $18.3 million because of a 2002 anti-blasting ordinance that the owners say left their 637 acres good only for potato farming.

Schwab Materials Inc. filed a lawsuit against the county on Friday seeking $18,320,100, the amount they say they would have made had they been permitted to mine limestone on their property, and attorney fees.

The suit also demands any interest accrued on the land since May 31, 2003, the day Schwab filed a notice of claim with the county seeking compensation for profits lost due to the ordinance, up until the day of judgment.

County commissioners denied in 2002 a rezoning request made by Schwab to blast 105 feet underground to mine limestone on the property at the southeast corner of Corkscrew and Six L's Farm Road. At the time, the land was zoned for use as a fill pit.

Commissioners approved at the same time an ordinance prohibiting blasting in proximity to low-density residential areas.

The commissioners' 5-0 vote came after protests from hundreds of residents of east Corkscrew, who said the proposed mine would severely damage their quality of life. The residents spent two years and more than $50,000 fighting Schwab.

Lee County staff had originally recommended approval of the rezoning as long as there was no blasting, but they then learned that only state fire marshals could regulate blasting. Staff then switched their recommendation to a denial of the rezoning, said John Renner, chief assistant county attorney.

The hearing examiner said the rezoning would have been denied even without the blasting because it was inappropriate for the area, said Renner.

"Obviously, limestone mining is a more intensive use, and county staff thought the quantity and kind of truck traffic would be too much," he said.

A report estimated at least one truck per minute would have driven down Corkscrew, he said. The limestone mining operation would have had a lifespan of 25 years.

Schwab's attorney could not be reached for comment.

The company is seeking compensation under the Bert Harris Act, a unique piece of legislation the state Legislature adopted in 1995 that allows property owners to collect damages if government actions lessen their property value.

Renner said he does not think Schwab has any argument with Bert Harris because the legislation does not guarantee a property owner the most intensive or profitable use for a piece of property. The act guarantees a reasonable use, he said.

"It appears that they are saying they want to sue the county for a more intensive use that was not allowed when they bought the property," he said.

Jim Lytell's property on Corkscrew borders the Schwab land, and he helped fight the Goliath in 2002.

"Schwab — they're an arrogant company. They're bullies," he said.

Corkscrew residents have already beaten another proposed operation, Westwind Mine. They're also gearing up to fight applications for three more mines on Corkscrew.

If they have to, they'll fight Schwab again, too, Lytell said.

"They're just trying to get the county to give them 18 million bucks. It's crazy," he said. "You lost. Go home."

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