Legal maneuvering over the Magruder quarry in Miller County is set to get underway in two different counties as the clash between the operator and the joint sewer board continues.


Legal maneuvering over the Magruder quarry in Miller County is set to get underway in two different counties as the clash between the operator and the joint sewer board continues.
On Tuesday, Sept. 2, the Lake Ozark/Osage Beach Joint Sewer Board will appear in a Lincoln County courtroom asking the judge to throw out a case filed by Magruder Limestone. Magruder has asked for the court to order concessions on a permit issued through the Missouri Department of Natural Resources.
The sewer board says it doesn’t feel the issue should be decided in Lincoln County.
The hearing is scheduled for 11:30 a.m. at the Lincoln County Courthouse. The hearing will be open to the public.
Nine days later on Thursday, Sept. 11, a similar case will come up in Miller County circuit court at 2 p.m. At that hearing, the sewer board will be asking the court to reconsider the permit issued to Magruder by DNR.
That hearing will also be open to the public.
At the center of the court battle is the permit issued by the land reclamation commission to Magruder Limestone to mine a parcel of land off Woodriver Road, near the Osage River Bridge on Highway 54.
The land sits next to the joint sewage treatment plant for the cities of Osage Beach and Lake Ozark. More than one million gallons of sewage a day flows into the treatment plant.
The permit was issued last month after a year-long controversy between the cities, Magruder and residents who live near the quarry site. The city and residents opposed to the quarry and garnered support from local, county and state officials in their attempt to block the permit.
On the opposite side of the debate, concerns were raised about the impact of the quarry operation on the sewer plant and the neighborhoods.
The issue landed in the hands of the land reclamation commission after a series of hearings. The commission voted to issue the permit but put some restrictions on the company.
Nearly three weeks ago, Magruder Limestone Co. Inc., of Troy, Mo., filed a motion in Lincoln County asking the court to set aside some of the stipulations the commission placed on the permit, including a provision that limits Magruder to mining about 25 percent of the 200-acre site.
Within days of Magruder’s filing, the city of Osage Beach filed an appeal to the commission’s decision in Miller County.
The appeal has been under discussion since the permit was issued.
At the same time, the city filed a motion to dismiss Magruder’s appeal in Lincoln County. The city’s motion alleges the company should have filed the appeal in Miller County where the property in question is located or in Cole County where the Missouri Department of Natural Resources is headquartered.
The Osage Beach Board of Aldermen have agreed to pay for the appeal.
Contact this reporter at joycem@lakesunleader.com