HomeMy WebLinkAboutObjections by MM to materials filed by Remonstrators
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STATE OF INDIANA
CARMEL ADVISORY BOARD OF
ZONING APPEALS
CITY OF CARMEL
DOCKET NO. 04060001 A
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'AUG 11 2004 p!;)
DOCS j!::j
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DEPARTMENT OF COMMUNITY SERVICES
OF THE CITY OF CARMEL/CLAY TOWNSHIP
vs.
MARTIN MARIETTA MATERIALS, INC., F/K/A
AMERICAN AGGREGATES CORPORATION, A/K/A
CARMEL SAND AND GRA VEL
OBJECTIONS BY MARTIN MARIETTA MATERIALS~ INC.
Martin Marietta Materials hereby files its written objections to certain
materials filed or attempted to be filed by Remonstrators:
1. Martin Marietta objects to the attempt by Remonstrators to
incorporate "all such written materials," apparently referring to anything heretofore
or hereafter proffered by Remonstrators, into the record of the hearing. Much of
the written material filed by the Remonstrators consists of speculation, conjecture,
and unsubstantiated allegations. Other material is inadmissible hearsay or consists
of an opinion that the declarant is not qualified to render.
2. By way of example of the irrelevant materials, the "Written
Remonstrance by Kingswood Homeowners Association and Other Remonstrators"
refers repeatedly to potential damage from blasting. As Remonstrators are aware,
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however, there is no blasting proposed in this application.
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3. Likewise, Remonstrators purport to offer a "letter from Dr. Darrell
Leap," a letter that was prepared with respect to an entirely different application
involving an entirely different piece of property. It is irrelevant to the pending
application.
4. Much of the Gasper letter consists of legal opinion and conjecture as
to matters on which he is not qualified to render an opinion.
5. The written remonstrance asserts, without the slightest substantiation,
that Martin Marietta Materials caused subsidence in the W oodcreek subdivision,
fixed it and hid it under a non-disclosure agreement. These allegations are not
true, are unsubstantiated and should be stricken.
Respectfully submitted this 11 th day of August, 2004.
H. hears
G or a Bar 575250
Phears & Moldovan
4725 Peachtree Comers Circle
Norcross, GA 30092