Benton County v. Overland Development Co., Inc.

Robert L. Brown, Justice.

Appellant Benton County, stice. grant of summary judgment in favor of appellee Overland Development Company, Inc. (“Overland”), and the circuit court’s ruling that there was no rational basis to deny Overland’s permit application to operate a red-dirt mine. We reverse and remand.

Overland has a leasehold interest in certain land in Benton County which is in close proximity to the Cross Hollows cantonment. By all accounts, Cross Hollows is an important Civil War archeological site. On January 27, 2006, Overland submitted an application to the Benton County Planning…