If someone were keeping score, the Saxony Lutheran High School is one-for-two in its rulings from the state appeals court in Kansas City.
The loss is this week's ruling by a three-judge panel blocking Cole County Circuit Judge Dan Green's order the Cape Girardeau County high school and a group known as "Save Our Children's Health" were entitled to attorneys' fees and court costs in challenging a January 2011 decision issuing a state permit to Heartland Materials LLC, to operate a quarry near the school.
In January 2013, a different three-judge panel ruled the Jackson high school and the "Children's Health" group had the legal standing to make the challenge, backing a ruling by Green that overturned a decision by the state's Land Reclamation Commission.
The 11-page ruling noted: "Once the petitioners establish standing, they are entitled to a formal public hearing before the Commission."
The state Natural Resources department scheduled a public hearing based on that decision.
But this week's ruling reported the school and children's group reached a settlement agreement with Heartland rendering the hearing unnecessary, and jointly filed a stipulation for dismissal.
"The settlement agreement placed restrictions on Heartland that the Commission did not have the authority to require, including terms such as blasting times, providing notice to the school of intent to blast, and signage," the latest ruling held.
The agreement included Heartland's acknowledgement "that the obligations and requirements in the agreement are "over and above existing obligations' imposed by various permits," including those issued through the Commission.
The settlement also required Saxony Lutheran High School and Save Our Children's Health to withdraw their demand for a formal public hearing and end their challenge to the permit - which they did.
This week's appeals court ruling noted the state was not a party to the settlement agreement.
In October 2013, the high school and Children's Health group asked Green to award attorney's fees and expenses relating to all proceedings before the Land Reclamation Commission, Green's first case and the first appeal to the Kansas City appeals court that resulted in the January 2013 ruling.
He approved the request in July 2014.
But this week's 14-page ruling overturned Green's order on grounds it did not meet state requirements for attorney fees and expenses since the parties settled the quarry dispute without having the formal public hearing.