State law prevents the Town of Miami Lakes from seeking remedies in court for damages to municipal sidewalks, buildings, canal banks and infrastructure it says are caused by rock mining explosions on the west side of the county.
That’s the legal thesis Councilman Steven Herzberg presented to the council, which voted unanimously to sue the state.
Residents at Town Hall cheered after the council’s action.
“This is not about regulating the mining industry,” Herzberg said at a June 17 council meeting. “This is all about our rights as a town. The product that they create is required for us to live. But they should be held to the same standard as anybody else.”
State Statute 552.36 denies fundamental rights under state and federal constitutions that guarantee access to courts and jury trials, he said. It directs property owners to bring their claims to the Division of Administrative Hearings.
The Fire Marshal/Chief Financial Officer’s office in Tallahassee, part of the state’s executive branch, regulates the industry.
The councils’ annual lobbying efforts and multiple bills proposed by Fla. Rep. Tom Fabricio, R-Miami Lakes, have not resulted in change.
The Miami-Dade Limestone Products Association, Inc. represents miners in the county that produce 60 million tons of aggregate materials each year and is used to build roads and in other construction, according to its website.
“... door slamming and hammering nails can cause greater vibrations in a home than blasting at our facilities,” it said.
Miners use the latest technology available and their monitoring shows blasting levels are within limits, “62 percent stricter than the national level established by the U.S. Bureau of Mines,” it said.
Residents and the town’s Blasting Advisory Board, have tracked daily blasts and say vibrations have caused damage to homes, driveways and pools. They would not be part of the town’s initial lawsuit but may be able to sue if a court finds the state law is unconstitutional, Herzberg told The Miami Laker.
The town hopes to file suit by fall and to enlist other municipalities and Miami-Dade and Broward counties to provide legal or financial support or join the case.