Polk County v. Martin

Polk County brought this action to enjoin defendant from operating a rock quarry on his property. In September, 1978, the county zoned defendant’s property AF, Agriculture - Forestry, a classification which does not permit mineral extraction. In 1979, following a period of substantial inactivity, extensive blasting, ripping and removal of rock began at one of defendant’s quarry sites. The county thereafter filed its complaint for an injunction, alleging defendant’s quarry operation was subject to the AF classification and unlawful in the absence of a conditional use permit. Defendant entered…