Tarmac America LLC (“Tarmac”), represented by HGS attorneys Frank Matthews, Vinette Godelia, and Mike Collazo, and Greg Beauchamp, Esq. of Chiefland, has prevailed in W.A.R., Inc.’s (also known as “Withlacoochee Area Residents”) appellate challenge to Tarmac’s local land use special exception approval for its proposed King Road mine in Levy County, Florida.
W.A.R., Inc. had claimed that the Levy County Commission’s approval of the project was inconsistent with the Levy County Comprehensive Plan, but Judge Robert E. Roundtree of the Eighth Judicial Circuit disagreed and found in Tarmac’s favor last year. On August 10, 2012, Judge Roundtree’s decision was upheld by the First District Court of Appeal in Tallahassee.
“We are pleased with the First District Court of Appeal’s decision,” said Mike Collazo. “As noted by the Court in its opinion, Tarmac can’t proceed with the project until it obtains the permits required by the County’s Comprehensive Plan. For that reason, W.A.R.’s inconsistency arguments were not persuasive.”
The decision resolves the second of two appellate challenges to the project in Tarmac’s favor. On February 15, 2012, the First District Court of Appeal also entered an order denying a similar appellate challenge brought by the neighboring Town of Yankeetown.