DRAPER, Utah — The City of Draper is taking legal action against Geneva Rock over the company's plan to expand its mining operation.
The city filed a legal complaint Monday, asking the Salt Lake County Third Judicial District Court to reject Geneva's claim that its proposed expansion would be exempt from zoning ordinances.
The company claimed that it qualified for “vested mining use” under Utah Code § 17-41-50, according to a press release from the city. If granted, this would allow Geneva Rock to expand its "Point of the Mountain" quarry within city limits, despite regulations that normally prevent it from doing so.
The city claims that the expansion does not meet the definition of "vested mining use." Utah law defines this as "if the mining use existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits the mining use."