With a roomful of people Wednesday evening ready to comment on a proposed expansion of the Big Springs Quarry in western Douglas County, county commissioners said they could not take action because of a legal issue.

It turns out that not all neighboring property owners were notified earlier this year when the request to revise the conditional-use permit went before the Lawrence-Douglas County Planning Commission.

County counselor Evan Ice said because the property is near the county line, four property owners who live nearby in Shawnee County did not receive notice before a planning commission hearing.

The planning commission asked for more information about the proposal from Mid-States Ventures LLC about the quarry’s expansion in September, and in November the planning commissioners voted 5-1 to reject the proposal.

Douglas County neighbors have expressed environmental concerns and fear for their property. They have even filed a protest petition.

But Ice cautioned commissioners about moving forward Wednesday night because “technically there hasn’t been a valid planning commission meeting yet.”

“I’m worried about you taking action that’s going to get the county sued in a manner that it can’t really defend,” Ice said.

Commissioners apologized several times during the meeting for the error to those who attended to comment, and they also asked the planning staff to “make sure that something like this does not happen again.”

“Because of the nature of what we’re dealing with, you shouldn’t proceed knowing full well that there’s a flaw,” Commissioner Bob Johnson said.

The issue now must go back to the planning commission with proper public notice.

In other action, Johnson and Commissioner Jere McElhaney voted to let the commission consider a sector plan northwest of Lawrence near the Farmers Turnpike before the two leave office Jan. 12. City commissioners on Tuesday approved the plan on a 4-1 vote.

Commissioner Charles Jones has expressed concern about bringing the controversial development plan forward this quickly. County Administrator Craig Weinaug said the commission would likely consider it on Jan. 7.

Commissioners also unanimously approved a preliminary plat for a proposed four-lot business development at what will be the new intersection of U.S. Highways 59 and 56, known as the Baldwin Junction.