Legalese - Please Translate This For Me

[Calamity Kris]

Can someone please translate this for me. 

 

The back story - When we purchased our house, we were not aware coquina mining operations were going on at the "ranch" behind us.  The county would not allow him to mine, so he allowed the nearby city to annex his property.  (I have no doubt plenty of "campaign contributions" were passed over to the city so they would allow it.)  Well, the old man owner passed away and the ownership of the mining rights changed hands a couple of times.  The last mining rights transaction became a legal battle and the mine was to be closed down until it was settled.  Someone dug up the "mine" entrance to the property to ensure that happened.  Fast forward to  now.

 

Uno took the dog out back to run and noticed neatly placed piles of rock drying in the open.  The graze land has been mowed down and the cattle are nowhere to be seen.  The interesting piece to this is the only time I hear heavy equipment over there is in the middle of the night.  Little to no lighting but I can hear the equipment operating.  The noise could not be coming from anywhere else because there is nothing near by.  All of the land within a 5 mile radius is either scrub forest or our subdivision.  I KNOW heavy equipment would not be allowed to operate at 3:30am in the subdivision.

 

I would like to understand what it is allowing them to do.  Is the mine being allowed to resume operations?  Are they preemptively working in anticipation of the mine re-opening?

 

6 III. Accordingly, we REVERSE the trial court’s order enjoining Wayne’s Aggregate & Materials, LLC from conducting the contemplated operations on the property and REMAND this case to the trial court for further proceedings. If the trial court determines Lopez has established all four elements warranting issuance of the temporary injunction, the trial court shall enter a written order consistent with this opinion sufficiently setting forth its factual findings as to each of the four criterion. Further, in issuing the injunction, the trial court shall set a bond as contemplated by the rule.

 

It is so ordered.

https://law.justia.com/cases/florida/fifth-district-court-of-appeal/2024/5d23-1941.html

 

Thank you kindly.

[Duffield, SASS #23454]

If y0u end up hiring an attorney  get one from outside the local area to avoid potential conflict of interest.

[Chantry]

You could also contact one of the state or even Federal agencies that would have jurisdiction.

 

And I'm hard pressed to come up with a good reason to run heavy machinery at 3:30 am short of a major storm recovery

[Eyesa Horg]

Me being me, I'd be creeping over there in the dark to get eyes on what's going on!

[J-BAR #18287]

53 minutes ago, Eyesa Horg said:

Me being me, I'd be creeping over there in the dark to get eyes on what's going on!

...and taking videos.

[Texas Joker]

2 hours ago, Calamity Kris said:

Can someone please translate this for me. 

 

The back story - When we purchased our house, we were not aware coquina mining operations were going on at the "ranch" behind us.  The county would not allow him to mine, so he allowed the nearby city to annex his property.  (I have no doubt plenty of "campaign contributions" were passed over to the city so they would allow it.)  Well, the old man owner passed away and the ownership of the mining rights changed hands a couple of times.  The last mining rights transaction became a legal battle and the mine was to be closed down until it was settled.  Someone dug up the "mine" entrance to the property to ensure that happened.  Fast forward to  now.

 

Uno took the dog out back to run and noticed neatly placed piles of rock drying in the open.  The graze land has been mowed down and the cattle are nowhere to be seen.  The interesting piece to this is the only time I hear heavy equipment over there is in the middle of the night.  Little to no lighting but I can hear the equipment operating.  The noise could not be coming from anywhere else because there is nothing near by.  All of the land within a 5 mile radius is either scrub forest or our subdivision.  I KNOW heavy equipment would not be allowed to operate at 3:30am in the subdivision.

 

I would like to understand what it is allowing them to do.  Is the mine being allowed to resume operations?  Are they preemptively working in anticipation of the mine re-opening?

 

6 III. Accordingly, we REVERSE the trial court’s order enjoining Wayne’s Aggregate & Materials, LLC from conducting the contemplated operations on the property and REMAND this case to the trial court for further proceedings. If the trial court determines Lopez has established all four elements warranting issuance of the temporary injunction, the trial court shall enter a written order consistent with this opinion sufficiently setting forth its factual findings as to each of the four criterion. Further, in issuing the injunction, the trial court shall set a bond as contemplated by the rule.

 

It is so ordered.

https://law.justia.com/cases/florida/fifth-district-court-of-appeal/2024/5d23-1941.html

 

Thank you kindly.

I think it says they removed a court ordered restriction to not do something and sent it back to the court for a trial to see if the restriction of the thing he isn't supposed to do stands on merit after argument.

 

And it sounds like he is doing it on the sly at night to avoid either a cease and desist or another injunction.

[Cold Lake Kid, SASS # 51474]

Midnight Mining Corporation?

Illegal operation, operating without a license?

[Stump Water]

14 minutes ago, Texas Joker said:

I think it says they removed a court ordered restriction to not do something and sent it back to the court for a trial to see if the restriction of the thing he isn't supposed to do stands on merit after argument.

 

And it sounds like he is doing it on the sly at night to avoid either a cease and desist or another injunction.

 

Agree.  The appeals court reversed the injunction and kicked it back to the trial court.  So, for now, the "contemplated operations" can resume/proceed.  

 

I didn't read the entire six page decision of the appeals court, but I assume the "four elements" that Lopez has to "establish" in order to get the injunction reinstated are in there.

 

Yep, doing those  "contemplated operations" at night so as to not draw attention.

 

[Will Kane]

Sounds to me like the temporary injunction originally ordered by the trial court was set aside by the appellate court subject to the case being sent back to the trial court for further proceedings to determine if a temporary injunction should be granted pursuant to the parameters set forth in the appellate court’s attached decision. Consequently, until further order of the trial court, there is no injunction of mining activity.

As I was reading through your account of Uno walking the dog and the nighttime “activity”, I couldn’t help from thinking back to the 1950s movie, Invaders From Mars.

[The Original Lumpy Gritz]

Try calling the county to see if any permits were issued. 

Sure sounds sketchy for sure.

May want to call the local TV station and newspaper and ask them to investigate. 

 

[Calamity Kris]

This is what we learned from the neighbors:  {May be a combination of fact and fiction, but I believe it to be primarily fact.}

 

In this area, coquina is used primarily in concrete roadway and bridge construction.  It is in HIGH demand because of it's strength and construction companies are willing to pay a pretty penny for it.  Additionally, this area has seen explosive growth in the last few years, driving the demand even higher.

 

The old man was a rancher until they accidentally found the coquina vein on the property.  At that point, he saw nothing but dollar signs.  Since that time, the mining operations have changed hands several times.

 

Part of the litigation is caused by his kids.  After pop died, they sold the mining rights to one company, and before the ink was dry on that contract, they sold the rights to another company which made them a better offer.  Hence the litigation.  We do know the court ordered the entrance to the mining area dug up until the whole thing was settled. 

 

We are now hearing they can't make any money as a ranch so they want to get the legal issues settled so they can go back into the mining business.  They promised the city they would turn the land into multi-million dollar homes, with a lake in the middle, lots of community amenities, they have a developer standing by .......

 

We have enjoyed the peace and quiet for the last couple of years.  That is why we are interested in whether their actions are legal.  If not legal, I would like to get the proper authorities involved to put a stop to it. 

 

We know where we can get a drone with night vision.................

[Sedalia Dave]

8 hours ago, Eyesa Horg said:

Me being me, I'd be creeping over there in the dark to get eyes on what's going on!

 

7 hours ago, J-BAR #18287 said:

...and taking videos.

 

If the operation is illegal they might take kindly to trespassing. 

[Sedalia Dave]

Contact the Florida Department of Environmental Protection / Mining and Mitigation Program 

[The Original Lumpy Gritz]

Any updates? 

[Calamity Kris]

10 hours ago, The Original Lumpy Gritz said:

Any updates? 

 

I'm afraid not.  I've been working a bunch of insane hours lately and haven't had time to do anything.  I need to see about getting the drone up before I leave for work.  I heard more heavy equipment over there in the wee hours this week.