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Seffner

Battle of borrow pit may go back to court

The county okayed the Seffner dig after earlier court hearings, but foes are looking for lawyers again.

By LETITIA STEIN
Published October 7, 2005

SEFFNER - After the county ruled against them, civic activists are vowing to sue Lorton Industries to block a borrow pit from opening in Seffner.

Safety concerns are pushing residents to continue their 2-year-old battle against the pit. They say Lorton's plan to haul away 700,000 cubic yards of sandy dirt would bring heavy trucks dangerously close to schools.

Neighbors also decry the excavation of yet another ditch in a working-class neighborhood already pockmarked by landfills and previously approved borrow pits.

"I don't want to wait for a child to be killed before something is going to be done," said Cam Oberting, president of the Taylor Road Civic Association, which decided to sue earlier this week. "This is going to affect everybody."

A county land use appeals board last week upheld a land use hearing officer's decision to permit a 39-acre borrow pit at the southwest corner of Pruett and Kingsway roads. The ruling came despite objections of residents, county planners and the Hillsborough County School District.

To Lorton Industries, it was the right decision.

"They upheld the correct order," said Vincent Marchetti, Lorton's attorney. "We've met all the standards, all along."

He said Lorton plans to seek an operating permit to begin digging as soon as possible. And the company is prepared to defend its right to excavate, he said.

This would mark the second time the borrow pit debate plays out before a judge.

The county initially denied Lorton's request, citing concerns over the effect of another borrow pit in a community that already has multiple ditches and landfills within a mile.

After losing an appeal, Lorton sued the county. Last September, a Hillsborough circuit judge sent the matter back for another hearing. This spring, Lorton prevailed in land use hearings.

"I would find it very difficult to see how a court would review the matter again and not find the action is in fact consistent with the code," Marchetti said.

Seffner activists have 30 days to file a lawsuit in Hillsborough County Circuit Court after the county approves the appeal results. The Taylor Road Civic Association is searching for lawyers and looking for private donations to fund a court battle.

Another pit opponent, the Seffner Community Alliance, also is considering legal options.

"We just can't sit quietly by and accept this," said Terry Flott, leader of the Seffner organization. "We're going to fight until there's no recourse."

Letitia Stein can be reached at 661-2443 or lstein@sptimes.com

[Last modified October 6, 2005, 08:26:07]