PETERSBURG — A Boone County judge's ruling favoring a mining company involves much more than being forced to give a deposition — it limits civic participation, one lawsuit defendant said.

        Jennifer Warner is one of 13 people who participated in public debate as opponents to Hilltop Basic Resources' plan to build a limestone mine in western Boone County.

        “People have already told us they will never speak out at a public hearing,” Ms. Warner said. “We see it as a First Amendment issue.”

        The company says it is exploring how much the county relied on information gained outside public hearings on the project. It has asked for the depositions from people who spoke at the meetings and for their telephone records.

        Subpoenas for depositions from the participants in the public meetings were issued as part of Hilltop's appeal in Boone Circuit Court of an Aug. 29 ruling by the Boone County Fiscal Court that denied Hilltop's request for a zoning change to build an underground mine.

        In a decision filed Friday, Boone Circuit Judge Jay Bamberger ruled the information Hilltop seeks from the citizens “is relevant to Hilltop's claims and is not being sought for the purpose of harassment.”

        Ms. Warner says that the judge's decision may limit people from participating in civic affairs at meetings for fear of legal action.

        Hilltop is suing the fiscal court over the county's rejection of a plan to build the mine on 534 acres along the Ohio River north of the Petersburg interchange on Interstate 275. Ms. Warner, who owns the First Farm Inn, a bed-and-breakfast inn near the site, said Hilltop attorneys' seeking of phone recordsis harrassment and a crime.

        “It wastes our time,” Ms. Warner said. “I think the judge is completely wrong in his statement that people won't be intimidated by this.”

        Covington lawyer William Robinson, one of the attorneys representing Hilltop and who is conducting the depositions, said there was no attack or harassment intended.

        “A final decision on the phone records has not been made,” Mr. Robinson said. “The court indicated that records can be obtained if further testimony suggests there were multiple phone calls made between commissioners and protesters. We very much respect Judge Bamberger's decision, we intend to go forward pursuant the authority he has granted.”

        Jeff Mando, the Covington attorney representing the fiscal court, said Robert Hay gave a deposition in December. Commissioners Cathy Flaig and Charlie Kenner and Judge-executive Gary Moore have not been notified to appear.

        “We felt the subpoenas (against the residents) should be quashed because the message that the subpoenas sent was that if you testify at a public hearing, if you show up at a fiscal court meeting and oppose or speak out on a zoning change issue, you could get subpoenaed for a deposition and be required to present your personal records,” Mr. Mando said.

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