A company that was told to quit mining in Toledo is appealing a decision by a city board and calling its decision to uphold a notice of non-compliance “unconstitutional.”

Rocky Ridge Development LLC filed a notice of appeal in Lucas County Common Pleas Court regarding the Toledo Board of Zoning Appeals decision to uphold a notice of non-compliance that was posted at the company’s South Toledo mining site in July.

In the appeal, filed Oct. 16, Rocky Ridge states that the “BZA decision is unconstitutional, unlawful, unreasonable, arbitrary, capricious, unreasonable, unsupported by, and contrary to, law ... .” The appeal continues to say the decision is “unsupported by ... substantial, reliable, and probative evidence” and “is otherwise improper.”

The company is asking for all papers, test

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