A temporary restraining order was signed Monday by Fourth Circuit Judge William Storey to keep a company from blasting rocks near property owned by Zero Mountain Inc., a cold-food storage firm in Johnson, AR.

The order was filed in Washington County Circuit Court.

An emergency motion for a temporary restraining order and preliminary injunction was filed on behalf of Zero Mountain by Fayetteville attorney Jeff Mitchell. Defendants are Jeff Parnell and Sunshine Homes.

The defendants notified Zero Mountain at about 10: 30 a. m. Monday that, at 1: 30 p. m. that day, they would begin demolition activities using about 200 pounds of dynamite and / or TNT to excavate a section of rock and minerals, according to Mitchell’s motion.

The motion states that the section is about 130 feet by 40 feet in size on property contiguous to Zero Mountain, according to Mitchell’s petition.
The petition for the temporary restraining order also points out that Zero Mountain operates an underground storage for frozen food products, the operation of which “ makes use of lengthy underground pipes carrying ammonia. ”

The motion states the pipes may be damaged or destroyed during demolition, causing a serious threat to Zero Mountain’s employees and to financial interests of the company’s inventory and facilities.

“ The issuance of injunctive relief will serve the public interest in enforcement of laws proscribing demolition and blasting except under certain tightly regulated conditions for use of this ultra-hazardous material, ” according to the motion.

In the signed order, the judge finds that Zero Mountain will suffer “ irreparable harm and loss” if the defendants are allowed to conduct blasting and demolition of property contiguous of Zero Mountain.

According to the order, a hearing is set for 10 a. m. Wednesday to determine whether the restraining order should be dissolved.

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