MOUNT VERNON — A federal court battle between Small’s Sand and Gravel and Howard Township has ended, but part of the suit will be returning to the Knox County Common Pleas Court for resolution.

According to court records, Small’s agreed to drop the civil suit against the Howard Township Board of Zoning Appeals and the board agreed to drop its countersuit against Small’s.

The problems between the two groups began when the Board of Zoning Appeals denied Small’s request for a conditional use certificate for mining operations on the old Shipley Farm property, a 63.279-acre property in Howard, nearly 42 acres of which falls within Howard Township.

The company appealed the decision to the Knox County Common Pleas Court, which sided on its behalf and ordered the board to issue the certificate.

Howard Township appealed the decision to the Ohio Supreme Court, which denied to hear the case. The board then issued the conditional use certificate to Small’s, with 53 attached conditions.

Small’s alleged that the conditions were “unlawful,” and filed suit, claiming that the stipulations would make mining the land difficult or impossible. The board countersued, claiming that Small’s only filed the suit to coerce and/or intimidate them.

According to company president Bob Small, Small’s Sand and Gravel dropped its suit after the parties got together and re-examined the conditions of the land use certificate, striking an agreement that will make mining the property possible while also addressing the board’s environmental concerns.

Thus the problems between the two groups seem to be resolved. However, during the dispute, Small’s also sued the board’s attorney Bruce Kiracofe, for “tortious” [sic] interference; a suit that is still open.

In the suit, Small’s alleges that Kiracofe was personally opposed to mining on the property in question and that he influenced the Howard Township Board of Zoning Appeals to issue a land use certificate that included “unlawful” conditions, knowing that those conditions would make mining on the property impossible. Small’s asks for total damages in excess of $50,000.

Kiracofe then filed a countersuit against Small’s for “frivolous conduct.” These suits have yet to be settled, but, since the township has been dropped from the complaint, there is no longer any federal component to the allegations; therefore the case will return to Knox County, to be decided where it originally began.