CLEWISTON — The Jahna sand mine was brought before the board once again at the meeting of the Hendry County Commission on Monday, Sept. 14.

E.R. Jahna Industries, Inc. requested to rezone their property from General Agriculture to Planned Unit Development (PUD) for a sand mine for commercial/industrial lease area on approximately 1,330 acres, straddling both sides of Sam Jones Trail (CR 833).

The eastern portion of the sand mine is located north of and adjacent to Pine Cone Avenue which borders Montura Ranch Estates to the South.

The issue was tabled back in May but the request was revisited Monday night.

Many residents of the Montura community were present to speak about the sand mine at Monday night’s meeting, the vast majority opposing it altogether.

A 30-year resident of the Montura subdivision Arthur Gallagher said, “I’m kind of disappointed to hear that it’s almost a done deal. I expected we were going to try shoot down the mine.” Gallagher explained that he has been coming to all of the hearings regarding the sand mine. “I feel almost as if, if your money is enough, if you’re connected enough, you can get this pushed through,” he said. “It doesn’t matter that it’s going to be affecting the community negatively.”

Several of the public speakers expressed a concern with the amount of water that would be required for a sand mine, as well as possible byproducts polluting the water supply.

Heather Love, who said she graduated with a bachelor's degree in environmental studies and has lived in the community for 26 years, added “According to Internet research, as well as common knowledge, sand mines are known to use large amounts of water. Between 60 and 250 gallons per ton, totaling millions of gallons per month.”

One after another, members of the Montura community came up to the podium and shared their concerns from water usage, to increased dust from the sand, the noise it may create, the traffic it could increase, the harm it could cause to the wildlife in the surrounding area, as well as the negative impact it may have on residents’ property values.

Sharon Martino, who worried the area is becoming less rural, said, “We choose to live out there for a reason. If we wanted to live in the city, we’d live in the city.”

More than 20 community members came out to speak and oppose the sand mine. One speaker even brought with him a petition containing 150 signatures.

Once everyone present said their peace, the topic was returned to the board for motion or discussion and Commissioner Michael Atkinson spoke first. “This thing is right in the middle of Ladecca and Montura. It’s just not a good thing,” he said. “The property rights of one isn’t better than everyone else around them. So I make a motion to deny.” His statement was met with applause from the audience.

Vice Chair Emory Howard wanted to address some of the things the public speakers had brought up and clear up any rumors or exaggerations with facts. “When this process started,  our staff spent many hours trying to address every concern that has been brought up tonight, and even beyond tonight,” he said. “It’s been said trucks are going to be everywhere. It’s not. Dust production, lighting impact, noise levels, screening from view. All of those have been addressed in the conditions.” As far as problems with water usage, he says, “The monitoring wells that are proposed for this process, is going to do exactly what it’s designed to do, and that’s to recognize a problem before it gets to the well of someone in Montura. That’s the reason for those wells.”

Howard also wanted to bring up what he called “the elephant in the room”, which is the possibility of a $20,000,000 lawsuit if the request to rezone for the sand mine is denied. In which case, the county could be indebted for that sum.

“We have a difficult decision to make,” Board Chair Ramon Iglesias said. “In November there’s going to be a ballot and it’s going to discuss property taxes going away and it’s very possible property taxes are going away. If we get into this lawsuit and lose, at $20,000,000, the question is how do we pay for that?”

Commissioner Mitchell Wills had a few questions for the board attorney, one being if the applicant has the right to begin mining on the property as it is zoned right now. The attorney explained that the applicant only has a right to mine if the rezone to PUD is approved. “I’ll second that motion then,” Wills said, in regards to Atkinson’s motion to deny the request.

Commissioner Emma Byrd asked the board attorney if the lawsuit would be set in motion if they deny the request to rezone and he confirmed that there is an active claim stating that if the rezone request is denied the applicant will pursue a lawsuit to seek damages. “The reason why I asked that question,” Byrd explained. “I don’t live in Montura but it’s going to affect everybody and do we have the kind of funds to cover what’s being put before us and that’s where I struggle at.” She went on to say that it would affect the entire county and not just Montura residents if the county is sued and loses.

The claim the applicants made is a Bert Harris Claim, which states that a claim exists if a governmental entity inordinately burdens an existing use of real property or a vested right to a specific use of real property.

Ultimately the rezoning request was denied with a 3-2 vote. Only Commissioners Howard and Byrd voted not to deny the request.

“We have taken this very, very seriously for a long time, but I have to tell you, whether it’s approved or denied,” Howard said to all those present. “It’s not over.”