TOWN OR MONROE V. RENZ
698 A.2d 328 (1997)
NATURE OF THE CASE: Renz (D) appeals from a judgment permanently enjoining them from
using a rock crusher and from blasting rock to supply the rock crusher in their sand and
gravel operation.
FACTS: D purchased a parcel of land located in a residential zone in Monroe (P). The
property has been used continuously for sand and gravel excavation since the 1940s and its
use as such constitutes a valid prior nonconforming use with respect to the subsequently
enacted zoning regulations that established the area as a two-acre residential zone. In 1988
D installed a rock crusher. Blasting was conducted once a month to feed the crushing plant.
Between blasts, drilling machines constantly drilled into rock formations in preparation for
the next blast. Each blast required up to 200 holes fifty feet deep that were packed with up
to 28,000 pounds of explosives. The blasting created sheer rock cliffs between sixty and 100
feet in height. P issued a cease and desist order. From a number of confrontations in court
and at the zoning commission, the present action for a permanent injunction was decided in
P's favor.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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