Judge Backs Closing of Quarry Near Escondido

The operator of a rock quarry in the rural Harmony Grove neighborhood west of Escondido has lost his court appeal to reopen the controversial excavation and rock-crushing operation.

The decision by Vista Superior court Judge Robert O’Neill upheld the county Planning Commission’s decision that the quarry is not a legal, conforming business.

The rock pit operator, Ashland Granite Co., began excavating and crushing rock at the site along Harmony Grove Road this year. Neighbors protested to the Planning Commission, which initially voted 3-3 on whether the operation was legal--a deadlock which gave the company the right to continue operating.

Ashland claimed rights to quarry the site because it had been excavated previously and argued that it was simply continuing a long-standing operation that was permitted under old law.

But neighbors appealed the deadlock vote on the grounds that Ashland was operating a new business that was a nuisance to the neighborhood, and not merely continuing an older quarry business.

On reconsideration in August, the Planning Commission voted 6 to 0 to side with the neighbors and ordered Ashland to shut. The neighbors had complained of dust, noise, traffic congestion and dynamiting that on at least one occasion sent boulders the size of small cars tumbling down onto their property at the base of the hill.

The company appealed that second decision to O’Neill, who on Friday upheld the Planning Commission’s decision ordering the business shut.

Company officials indicated that they may appeal O’Neill’s ruling or seek a new permit from the county to resume the business.