Tuesday, September 11, 2012
UPDATE ON QUARRY LAWSUIT
A date was established in Chancery Court yesterday (9-10-2012) for hearing the "Quarry Case". The date is Wednesday, March 27, 2013 at 9am in Judge Gray's Chancery Court.
Wednesday, June 6, 2012
Follow-up meeting for historic overlay for Castalian Springs
A follow-up meeting for the proposed historic overlay of Castalian Springs will be Thursday, July 5, 2012 at 6pm at Old Union Church of Christ on Hartsville Pike inn Castalian Springs. Come for information and to offer your input. Rodney Joyner and Anthony Holt will be conducting the meeting. (This meeting has nothing to do with the proposed rock quarry. That issue is being dealt with in the court system)
QUARRY ZONING CHANGE DENIED!
An article published in the Gallatin News Examiner on Wed., June 6, 2012
http://www.tennessean.com/article/20120604/GALLATIN01/306040056/Quarry-zoning-change-denied?nclick_check=1
Reporter Sherry Mitchell can be reached at 575-7117 or shmitchell@mtcngroup.com
http://www.tennessean.com/article/20120604/GALLATIN01/306040056/Quarry-zoning-change-denied?nclick_check=1
Opponents of a proposed rock quarry, rock-crushing plant, quarry spoils area and a concrete plant in Castalian Springs say they are happy with a June 4 court decision that won’t immediately allow a zoning change for the proposed industry in their neighborhood.
In a decision handed down Monday, Chancery Court Chancellor Tom Gray denied any arbitrary or illegal action on the part of the Sumner County Zoning Board in denying Brentwood-based Hoover Inc. the right to set up shop under the area’s current residential zoning, R1A. The zoning board had rejected Hoover’s proposal for a change from R1A in July 2011, and now the Chancery Court is backing that decision.
“We were pleased with the ruling,” said David Amonette, attorney for the group Save Castalian Springs, who previously moved to intervene in the suit. “The court allowed our parties to intervene.”
Amonette said the court’s decision was that the change of zoning was not a jurisdiction matter, but rather that of the local county government, adding that the entire matter had residents in the area concerned.
“You’ve got people living out there that are worried sick about their own property, but also worried about the historical aspects of the area,” Amonette said.
It was the first of two lawsuits filed on behalf of Hoover.
The second lawsuit suit filed simultaneously by Hoover questions the constitutionality of the county’s current zoning system and has not been scheduled for a hearing, Amonette said.
In a decision handed down Monday, Chancery Court Chancellor Tom Gray denied any arbitrary or illegal action on the part of the Sumner County Zoning Board in denying Brentwood-based Hoover Inc. the right to set up shop under the area’s current residential zoning, R1A. The zoning board had rejected Hoover’s proposal for a change from R1A in July 2011, and now the Chancery Court is backing that decision.
“We were pleased with the ruling,” said David Amonette, attorney for the group Save Castalian Springs, who previously moved to intervene in the suit. “The court allowed our parties to intervene.”
Amonette said the court’s decision was that the change of zoning was not a jurisdiction matter, but rather that of the local county government, adding that the entire matter had residents in the area concerned.
“You’ve got people living out there that are worried sick about their own property, but also worried about the historical aspects of the area,” Amonette said.
It was the first of two lawsuits filed on behalf of Hoover.
The second lawsuit suit filed simultaneously by Hoover questions the constitutionality of the county’s current zoning system and has not been scheduled for a hearing, Amonette said.
Saturday, May 5, 2012
Residents push for historic overlay to protect Castalian Springs from development
Process does not apply to Castalian Springs quarry
Published in Gallatin News Examiner - April 27, 2012
Written by Sherry Mitchell, Sumner A.M. , Gallatin News Examiner/Tennessean
Many Castalian Springs residents say they are ready to band together with the county to preserve the area’s history from certain types of development and protect the integrity of jewels like Wynnewood and Hawthorne Hill.
More than 50 residents met with officials April 26 to begin sharing their views of a possible historic overlay that would extend about two and half miles through the town.
County Planner Rodney Joyner passed around maps with a tentative outline of the proposed overlay, asking citizens for input on which areas they wants to include in the process.
“In Castalian Springs, there are centuries of history,” Joyner said. “You (already) have a base zoning and the historical overlay would be put on top of other zoning with the intent of coming up with more restrictions.
“What we need to know is what do you want, how far are you willing to go as far as restrictions and what do you want the boundaries to be.”
While an adopted historic overlay would dictate what types of commercial, residential and industrial developments could settle in the area, officials emphasized that it would have no bearing on the proposed rock quarry, which is currently in litigation.
“We are here for a custom plan to protect the area, to protect the citizens that live here,” County Executive Anthony Holt said. “This has nothing to do with the rock quarry. What this is going to do hopefully is prevent something like that ever happening again.”
Some in the crowd were concerned too many restrictions might be placed, dictating what they could and could not do with their own homes.
Holt said restrictions like that would fall under a process called design and review and would only apply to commercial development in the area.
“It’s not feasible in the country to have design and review,” Holt said.
While the measure held no legal ramifications, those opposed to the quarry felt it would have helped their case.
“Unfortunately, it’s politics,” resident Tom Neal said. “It passed 70-10 in the House and (State Sen. Kerry) Roberts did try to get it on the Senate agenda, but the Lt. Gov. (Ron Ramsey) sent it to the Environmental Committee, which essentially chunked it until next year.”
Western Farms LLC, owned by Hoover Inc., purchased more than 300 acres in Castalian Springs in 2011 for a rock quarry, rock-crushing plant, a quarry spoils area and a concrete plant. Members of the county zoning board rejected a proposal for a zoning change from R1A in July 2011 to allow for the business.
Tom White, attorney for Western Farms, filed two separate lawsuits against the county with the first claiming arbitrary or illegal action by denying Western Farms LLC a zoning change. The second lawsuit suit filed simultaneously by Western Farms LLC questions the constitutionality of the county’s current zoning system.
The county has filed answers to the two lawsuits that are in pending litigation. Officials say it could be 2013 before a final court decision is made.
County officials expect to continue with public meetings until they come up with a firm plan for the historical overlay, which would then need to pass the County Planning Commission and the County Commission before becoming law.
County Planner Rodney Joyner passed around maps with a tentative outline of the proposed overlay, asking citizens for input on which areas they wants to include in the process.
“In Castalian Springs, there are centuries of history,” Joyner said. “You (already) have a base zoning and the historical overlay would be put on top of other zoning with the intent of coming up with more restrictions.
“What we need to know is what do you want, how far are you willing to go as far as restrictions and what do you want the boundaries to be.”
While an adopted historic overlay would dictate what types of commercial, residential and industrial developments could settle in the area, officials emphasized that it would have no bearing on the proposed rock quarry, which is currently in litigation.
“We are here for a custom plan to protect the area, to protect the citizens that live here,” County Executive Anthony Holt said. “This has nothing to do with the rock quarry. What this is going to do hopefully is prevent something like that ever happening again.”
Some in the crowd were concerned too many restrictions might be placed, dictating what they could and could not do with their own homes.
Holt said restrictions like that would fall under a process called design and review and would only apply to commercial development in the area.
“It’s not feasible in the country to have design and review,” Holt said.
Resolution reaches dead end
A resolution presented March 19 by State Rep. Michael McDonald, D-Portland, that expressed concerns the General Assembly was not interested in a quarry in the middle of an historic site failed in the Senate this month.While the measure held no legal ramifications, those opposed to the quarry felt it would have helped their case.
“Unfortunately, it’s politics,” resident Tom Neal said. “It passed 70-10 in the House and (State Sen. Kerry) Roberts did try to get it on the Senate agenda, but the Lt. Gov. (Ron Ramsey) sent it to the Environmental Committee, which essentially chunked it until next year.”
Western Farms LLC, owned by Hoover Inc., purchased more than 300 acres in Castalian Springs in 2011 for a rock quarry, rock-crushing plant, a quarry spoils area and a concrete plant. Members of the county zoning board rejected a proposal for a zoning change from R1A in July 2011 to allow for the business.
Tom White, attorney for Western Farms, filed two separate lawsuits against the county with the first claiming arbitrary or illegal action by denying Western Farms LLC a zoning change. The second lawsuit suit filed simultaneously by Western Farms LLC questions the constitutionality of the county’s current zoning system.
The county has filed answers to the two lawsuits that are in pending litigation. Officials say it could be 2013 before a final court decision is made.
County officials expect to continue with public meetings until they come up with a firm plan for the historical overlay, which would then need to pass the County Planning Commission and the County Commission before becoming law.
http://www.tennessean.com/article/20120429/GALLATIN01/304290027/Residents-push-historic-overlay-protect-Castalian-Springs-from-development
Thursday, April 19, 2012
Sunday, January 8, 2012
FYI
According to The Gallatin News Examiner dated January 1, 2012: Tom White has filed a motion on behalf of Hoover for a scheduling order, which is essentially a request to get the case on the calendar. That motion will be heard in Sumner County Chancery Court on Jan. 9.
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