PEORIA — A lawsuit by neighbors aimed at a rock quarry that reopened near Peoria in eastern Franklin County will be the subject of a hearing in Franklin County District Court Tuesday morning. Mid-State Materials, Bo Killough and Franklin County will be in court trying to have the lawsuit dismissed. At the heart of the dispute is that the quarry had operated more than 20 years ago, when the county adopted its present zoning regulations. The quarry was allowed to continue operating with a special use permit under a “grandfather clause” even though the quarry didn’t fit the new zoning rules and category for that area — a “non-conforming use.” However, the quarry, which is owned by Bo Killough, wasn’t used for several years but Mid-State Materials began operating it earlier this year according to the 20-year-old special use permit, a court filing by the neighbors says. The neighbors sued the company and Killough. They’re also suing the county, saying a county zoning official violated the county’s new zoning rules in the way he issued the special use permit to allow the quarry to continue operating as a non-conforming use 20 years ago. In a counter-filing, the county said the permit was issued correctly and remains in force even though the quarry wasn’t used for several years.
Monday, Dec. 19, noon
