‘The house shakes’: Residents sue Olathe, company over rock quarry near neighborhood
On a remote patch of land in the southwest corner of Olathe, an eruption breaks the silence.
The explosion is a regular part of rock quarry Hamm Companies’ operations – blasts loosen the earth to allow for removal. But not everyone on a nearby residential street appreciates the activity taking place on the other side of a grassy berm.
Residents Randy and Cynthia Kriesel are suing the City of Olathe and Hamm Companies for expanding the quarry’s property, which inches closer to a small neighborhood off West 167th Street near Interstate-35.
According to documents filed in Johnson County District Court earlier this month, a resolution passed by the City of Olathe in December allows the quarry to operate within 750 feet of residential properties. The quarry was previously allowed to excavate within 1,000 feet.
The lawsuit claims neighbors experience vibrations from the blasts, dust, and bothersome noise.
Cracking and shaking of residents’ homes, as well as lack of visibility created by the berm, cause the neighbors grievance, according to the suit.
Resident Stephen Van Daele told The Star residents on his street had to replace their septic tanks in the past few years. He believes this is because of the quarry operating on the other side of the hill.
“It’s hard to know what all it’s causing sometimes,” he said.
Van Daele added the rules of the quarry have shifted. At one point, they were told blasting would not occur on the site. Now, the explosions happen suddenly and frequently.
Mary Whitlow, who lives nearby, said the “loud booms” do scare her 2-year-old, though she added she doesn’t think about the quarry much apart from the blasts.
The lawsuit also claims Hamm Companies’ special use permit granting the extension is unlawful.
While the property is intended for both a quarry and construction landfill, the Kriesels argue that the resolution would require two separate special use permits for both operations, citing Olathe’s Unified Development Ordinance.
According to the lawsuit, Hamm Companies would have needed to provide evidence of unnecessary hardship to permit its 250-foot expansion. But when asked during a planning meeting if the company could continue to operate within 1,000 of the neighborhood, vice president of Hamm Companies Brendan Devereaux allegedly said, “The short answer is anything is possible,” according to the court document.
For now, a neighbor who wished not to be named said he’s hoping the lawsuit will prevent the quarry from creeping any closer. He claims the quarry’s activity has cracked his home’s foundation.
“On a daily basis the house shakes,” he said. “They don’t want to take responsibility for it.”
The City of Olathe responded to The Star’s request for comment, saying it could not discuss ongoing litigation. Hamm Companies could not be reached after multiple attempts as of Wednesday afternoon.