Appeal Hearing

Published 12:00 am Wednesday, September 1, 2010

Judge, expecting appeal, will delay ruling

By Billy Davis

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Circuit Court Judge Jimmy McClure said Wednesday he will rule September 15 on a proposed gravel mining operation in Panola County.

 

That course of action came as little surprise, since it’s expected that McClure’s decision will be appealed to the Mississippi Court of Appeals.

 

McClure, speaking from the bench, noted that likelihood, saying he will give a “detailed, written decision” with the expectation that it will be reviewed by the higher court.

 

Memphis Stone and Gravel filed its appeal in circuit court after the Panola County Board of Supervisors voted 2-2 last year to deny its appeal to the county board. The split decision meant supervisors upheld, by default, the decision of the land development commission, which had already voted to turn down the permit request.

 

Memphis Stone was represented by attorney Pat Lancaster of Olive Branch.

 

Batesville attorney Jay Westfaul represented the Board of Supervisors.

 

McClure had ruled, before the proceedings began, that attorney John Lamar was excluded from participating in the court hearing.

 

Lamar, of Senatobia, represents a group of vocal Eureka residents who oppose the proposed gravel pit.

 

Lamar had not filed court briefs prior to hearing, which would have indicated he was working alongside Westfaul, McClure explained.

 

Lancaster, on behalf of Memphis Stone, had filed an objection to Lamar’s participation.

 

Look for more of the story in the Friday, September 3 issue of The Panolian.