Supreme Court rules in favor of H&G on mining operation

By Rupert Howell

The Mississippi Supreme Court ruled in favor of Panola supervisors’ decision to approve a gravel mine and asphalt operation east of Como owned by H & G Land Company.

Board attorney Bill McKenzie and attorney Jay Westfaul, who represented the county’s interest in the appeal filed by a group of Como business owners and citizens over three years ago, confirned the ruling concerning the board decision made in August of 2013.

The attorneys told supervisors Monday that their decision to overturn Panola County Land Development Commission’s decision had been upheld.

The issue has been ongoing for years  with APAC corporation involved with H & G during much of the process but dropping out after the issue went to the Supreme Court.  Many appeals, cross filings, hearings, arguments and filings have continued during years since.

A spokesman for APAC earlier this year stated his company no longer had an interest in developing the property and received approval to put a similar operation on property south of Sardis.

The Supreme Court also ruled that the appeal could go forward without APAC with the Court saying in last week’s ruling, “The Board’s (Supervisors) decision to grant H & G’s application for special exception was supported by substantial evidence and was not arbitrary or capricious. We also find no merit to Apellants’ argument that APAC is a necessary and indispensable party to this appeal. Accordingly, we affirm the circuit court’s judgment affirming the Board’s decision granting H & G the special exception.