Frac sand mining in Houston County?

The Minneapolis Star-Tribune is reporting that an appeals court has ruled in favor of the owners of a sand mine in Houston County near Ferndale Creek.

Tracie and Michelle Erickson had sued the Minnesota DNR over the DNR's ruling that since the sand mine had temporarily closed and then reopend, the owners needed a setback permit for their sand mine.  The Ericksons argued that their mine had been in existence since 1992--well before the setback rule was enacted.

The appeals court ruling could clear the way for frac sand mining on the property.