An Australian company constructing a new coal mine in McLean County has filed a response to a lawsuit filed by two brothers who own land in the area.
The response filed in McLean Circuit Court by Hartshorne Mining generally denies a list of claims by brothers Gordon and Kenneth Bryant, whose family has long owned acreage in the rural area.
Hartshorne denies that the coal mine is out of compliance with McLean County’s comprehensive plan because the project was approved by the fiscal court.
The mining company also denies the charge that the mining operation doesn’t comply with the local zoning ordinance, because it got approval for a zone change from agricultural to industrial. And the county board of adjustment granted approval for a conditional use permit for the coal washing operation and refuse pile.
The appeal by the Bryant brothers argues that some of the procedures by the county governing bodies were not stringent enough. But the mining company says in its response that all the approvals were according to correct procedures.
The McLean County Fiscal Court and Planning Commission are also defendants in the case and have not yet filed responses. Hartshorne Mining is based in Evansville, Indiana. Its parent company is Paringa Resources, based in Australia.