
Baty Otto Coronado attorneys Chris Heigele and Jake Bielenberg obtained judgment on behalf of a Kansas board of county commissioners in a contentious lawsuit brought by a sand and gravel mining company. The county had granted the mining company a special use permit to operate a large sand pit mine subject to various conditions including the building of a new haul route at the mining company’s expense. The mining company filed a statutory appeal of the county’s decision, alleged a host of additional claims including Section 1983 and constitutional takings claims, and requested mandamus to force the county to construct the new haul route. Chris and Jake obtained judgment on most of the claims as a matter of law. They then tried the issue of whether the county’s decision to condition the permit on the mining company’s construction of a new haul route was reasonable. The court ruled in favor of the county, finding its decision well-measured.