FAYETTEVILLE -- A red dirt mining company has asked to drop its federal lawsuit against Cave Springs after the city amended its ordinances, according to a court document filed Friday.
Pavecon sued the city in September 2013 over an ordinance restricting the business to operating during regular business hours on weekdays. Cave Springs passed the ordinance after the company opened the dirt mine. The ordinance only affected Pavecon's site because it's the only dirt mine in the city.
The case has been on hold for more than a year after a federal judge issued an injunction Jan. 7, 2014, preventing Cave Springs from limiting the hours Pavecon's red dirt mine could operate.
"While the court is mindful of the disturbance the dirt mine operation causes to those members of the public living closest to the mine, it is not persuaded that those interests outweigh the constitutionally protected interests of Pavecon, which would be harmed by permitting the ordinance to be enforced pending a final hearing on the merits of the case," U.S. District Judge Jimm Hendren wrote in an opinion.
Cave Springs appealed the judge's ruling.
Pavecon filed a motion to dismiss its lawsuit Friday in U.S. District Court in Fayetteville.
"The city of Cave Springs has passed a new ordinance with different restrictions to which Pavecon does not object," according to the motion. "The new ordinance replaced the ordinance that was subject to the petition and appeal. Since the matter has been resolved through passing of a new ordinance that the parties do not dispute, Pavecon, Ltd., requests that this court dismiss this matter."
Pavecon division president Ben Shankle, of Springdale, testified during a hearing the restrictions on hours weren't practical for a construction-based business. The business was hobbled without the ability to work late and on Saturday to catch up on work, he said.
Residents said they wanted peace and quiet after work and on weekends and the mining caused noise and dust in adjoining neighborhoods.
NW News on 02/07/2015