By Billy Davis

A 2009 decision by Panola County supervisors to turn down a proposed gravel pit operation moves to a Batesville courtroom Wednesday morning.

Memphis Stone and Gravel is appealing the supervisors’ decision in front of Circuit Court Judge Jimmy McClure.

Memphis Stone was seeking a special exception permit from county government, to operate a gravel mining operation in the Eureka community, when the county land commission turned it down.

The Board of Supervisors later upheld the land commission’s decision by default, when supervisors voted 2-2 on a motion to reject the appeal.

The split vote, from a legal standpoint, meant supervisors sided with the commission.

Supervisors Kelly Morris and and Vernice Avant voted for Morris’s motion to deny the appeal. Supervisors Gary Thompson and James Birge voted against the motion.

The fifth supervisor, Bubba Waldrup, recused himself from the vote because his family owns land that had once been under permit from Memphis Stone.

Olive Branch attorney Pat Lancaster represented Memphis Stone last year and is expected to continue that role tomorrow.

Batesville attorney Jay Westfaul is representing Panola County government.

Hernando attorney John Lamar represented a group of Eureka residents during the 2009 appeal, but it was unclear if Lamar would continue to do so during the circuit court appeal.