Virginia Supreme Court will hear mine suit

June 17, 2004 12:00 am

The Associated Press
(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.