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(Barboursville-AP) -- The Virginia Supreme Court has agreed to hear arguments from a group of Barboursville residents who are trying to block a shale mine from moving into their neighborhood.

The residents, who go by the name Friends of Barboursville, will ask the court to overturn a special-use permit issued by Orange County that allows mining in an agriculturally zoned area.

They take issue with General Shale's plan to haul shale through a residential district on its way from the mine to a processing plant. The mine site is near several homes and Carey Town, one of the few remaining communities formed by blacks.

After the special-use permit was approved in 2002, the group sued Orange County and General Shale. An Orange judge dismissed the case, citing a lack of evidence supporting the land-use arguments.

Philip Strother, an attorney for the group, says he got notice yesterday that the high court would hear the case.

(Copyright 2004 by The Associated Press. All Rights Reserved.)

Date published: 6/17/2004

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