UPDATE ON QUARRY - TENNESSEE COURT OF APPEALS DENIES APPEAL

Link to article in the Gallatin News Examiner Sumner AM on May 11, 2014 regarding the decision of the Tennessee Court of Appeals.
http://www.tennessean.com/story/news/local/sumner/2014/05/09/castalian-springs-quarry-plan-crumbles/8911283/
CASTALIAN SPRINGS QUARRY PLAN CRUMBLES
Controversial plans to build a rock quarry in Castalian Springs took another hit last week after a state court backed the county’s denial of the project.
A quarry is not permitted in the historically rich Sumner County area, according to its zoning character, the Tennessee Court of Appeals concluded in a judgment released May 5.
Judge Richard H. Dinkins writes in the judgment that, “The record fully supports the conclusion that a quarry is not a use permitted by right or on appeal in a (residential 1A) district under the Zoning Resolution and is not a ‘predominantly rural or agricultural’ use as permitted in a Rural area or within the ‘existing community character’ of the Historic Village Center under the 2035 Plan.”
The decision comes after a Feb. 19 appeals court hearing when parties representing Sumner County and Western Farm Products LLC Inc. presented arguments in relation to the proposed quarry that has caused growing community uproar since the project was announced in 2011.
“We’re extremely pleased and our clients are extremely happy,” said attorney David Amonette, who represents property owners near the proposed quarry. “I really felt a heavy burden because that part of the county is a jewel, one of the most historic areas in Middle Tennessee, and it’s important for preserving the history of our county.”
At the February hearing, county attorneys argued that the quarry project to include a rock-crushing facility and asphalt and a concrete plants does not fit with the area’s historic and rural character. Western Farm lawyers claimed their client has the right to build the quarry on the company’s 356-acre property and will not harm the area.
The proposed project gained strong opposition from residents, local and state officials, all criticizing its proximity to private homes and the county’s Historic Village Center, which includes the 1828 Wynnewood, the 1800s Hawthorne Hill, the 1786 Cragfont and the 1100 A.D. Cheskiki Native American Village and Mounds, all historic properties owned and protected by the state.
Castalian Springs resident Thomas Neal, who helped organized hundreds of local residents in a group called “Save Castalian Springs,” said the recent judgment makes him feel “delighted.”
“The suit has disturbed the lives of many citizens of Castalian Springs and caused property values to drop for those who had to sell,” Neal said. “It is indeed a shame that simple greed on the part of both the buyer and seller of the (proposed quarry) property caused so much monetary and emotional disturbance for many of our fine folks.”
Battle may continue
Western Farm can further appeal the case to the Tennessee Supreme Court for a final decision. Company attorney George Dean said he is advising with his client on whether to continue the fight.
“We’re disappointed,” Dean said. “People may not like (quarries), but they’re necessary. You’ve got to make room for them. You cannot exclude a land use that’s legal.”
Speaking on behalf of the local legal team, Amonette said he hoped this is the “conclusion to the matter.”
“We’ll vigorously object to any appeal made to the Supreme Court,” Amonette said. “This area of Sumner County is blessed with many historic homes and archeological areas that need to be protected for the future of our citizens.”
Western Farm Products has 60 days from May 5 to appeal the appellate court’s decisions with the supreme court.

Reach Dessislava Yankova at 575-7170 and on Twitter @desspor.

Historic Village Center in Castalian Springs
1828: the largest existing log structure in Tennessee
1800s Hawthorne Hill: the birthplace of former Gov. William B. Bate
1786 Cragfont: the home of Memphis founder and Revolutionary War veteran James Winchester
1100 A.D. Cheskiki Native American Village and Mounds: Mississippian period archeological site


Here is a link to the opinion filed by the court May 5, 2014
http://tncourts.gov/.../westernfarmv.sumner_co.opn_.pdf

UPDATE ON QUARRY LAWSUIT:
Here is a link to an article in The Tennessean published on Feb. 21. regarding the hearing held in the Tennessee Court of Appeals in Nashville on Feb. 19, 2014

http://www.tennessean.com/viewart/20140220/GALLATIN01/302200125/Quarry-fight-still-on

 

 

QUARRY COMPANY APPEALS JUDGE'S DECISION

Here is a link to an article published in The Tennessean on July 14, 2013 regarding the quarry lawsuit.

http://www.tennessean.com/viewart/20130714/HENDERSONVILLE01/307140091/Quarry-company-appeals-judge-s-decision-Castalian-Springs-case

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.

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

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.

Reporter Sherry Mitchell can be reached at 575-7117 or shmitchell@mtcngroup.com

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.

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.

Reporter Sherry Mitchell can be reached at 575-7117 or shmitchell@mtcngroup.com.

http://www.tennessean.com/article/20120429/GALLATIN01/304290027/Residents-push-historic-overlay-protect-Castalian-Springs-from-development

PUBLIC MEETING ~~~~~

PUBLIC MEETING:

 There will be a community input meeting on Thursday April 26 @ 6p.m. @ the Old Union Church of Christ 2505 Hartsville Pike in Castalian Spings, to discuss interest in a Historic Overlay District for the Castalian Springs area. Local citizens in the area, or any other area of Sumner County, are encouraged to attend. If you have any questions you can contact the Sumner County Construction and Developmnt Department @ 452-1467

(Message posted on Facebook  - Keep Castalian Springs Beautiful  page by Brandi Hall Wright)

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.

PETITION TO INTERVENE FILED

Attorneys David Amonette and Louis Oliver have filed a “petition to intervene” on behalf of the Save Castalian Springs group in regards to the quarry lawsuit against the county by Western Farms Inc.  (Hoover).  The petition was heard Monday, Oct. 31 by Judge Gray of the Chancery Court.  He approved the petition. Neither the Hoover attorneys nor the Sumner county attorneys, Leah Dennen and Jack Robinson objected.  

Judge Gray has declined to recuse himself from the case. Also, it is our understanding that the State Historical Society will file a “friend of the court” brief at the actual trial.

No court date has been set.

Legal counsel retained for Round 2............

The "Save Castalian Springs" group just retained David Amonette to

continue to represent us in the ongoing Hoover case, which is going 

before the Sumner Co. Chancery Court. We have sufficent funds to

cover this expense , but if the case continues past the Chancery Court

we will need additional funds. We realize that the county is furnishing

the attorney to defend the decision by the Zoning Board of Appeals,

but felt we needed someone to be attentive to our interest. We have

confidence that David will represent our concerns in a capable manner.

No date has been set before the Chancery Court and it could be March

or April of 2012. Hoover has filed a second suit against the County

regarding the lack of zoning which would permit additional rock quarries.

 

Tom Neal , for the Save Castalian Springs Group.

Quarry Lawsuits

For those of you so inclined, you may read the lawsuit papers (lawyers call them "pleadings") by downloading the attached files (simply click on the link; if you're on a Mac they should download and open in our PDF viewer "Preview" automatically; if you're on Windows, click on "Open" when the dialogue box appears and the same basic thing should happen).  The files are:

https://files.me.com/zach1965/tb9v41

and

https://files.me.com/zach1965/tfg4f5

The basic allegation of the first lawsuit is that the Board of Zoning Appeals acted "arbitrarily and capriciously" -- there is not enough evidence in the record to support the BZA's decision and thus the Court should overrule the BZA.

The second lawsuit is a bit more complicated.  In a nutshell, it says that, since Sumner County doesn't have any provisions in its Zoning Ordinance to accommodate quarries, the Court should order the County to let the quarry locate in Castalian Springs.

Regardless of the outcome in Chancery Court -- and I think our chances are excellent -- the case will be appealed to the Court of Appeals.

This is a long-term fight and we're in it to win it!

-- Kevin T. Williams

   Attorney at Law

   (Corum Hill Road)

P.S.  Please resist the temptation to call/write/e-mail with questions about the law -- we don't want to tip our hands so I can't answer them.

Lawsuit filed in Sumner County

Hoover has filed a lawsuit in Sumner County as of Sept. 2, 2011.   Click here: to see article published in The Tennessean, LOCAL Section on Sept. 5, 2011.

See post below the following for the videos from the July 14th hearing of the Zoning Board of Appeals

From the General Manager: Anti-quarry trump card could already be here

The Gallatin News Examiner
Click here for original article published July 27, 2011

Written by

Mike Towle

The party's over, for now.
The jubilation Castalian Springs residents and other quarry opponents felt July 14 when the county Zoning Board of Appeals rejected Hoover's request to install quarry/plant operations in Castalian Springs has died down. Now everyone gets to hold his or her collective breath to see where Hoover's legal appeal goes, presumably the next stop being Chancery Court Judge Tom Gray's courtroom.
If Hoover's appeal gets denied in chancery court, the 'quarrysome' Brentwood-based crushed stone and paving company could continue its legal drive to the state level and perhaps beyond. The farther this case meanders away from Sumner County, the greater the chance that, eventually, a ruling could come down in Hoover's favor. County Executive Anthony Holt, an outspoken critic of the quarry, knows this. It's also why Castalian Springs residents, and much of Sumner County, are back sitting on pins and needles.
“The question is how far (Hoover) wants to push it,” Holt said. “I feel good that we've at least won the first battle and have a good chance of winning the war, but we still need to keep them at bay.”
While attorneys from both sides gear up for whatever comes next in the courts, one point in the anti-quarry argument's favor is the Nashville MPO's 2035 Plan. Included in that is a Tri-County Land Use Plan, which encompasses Sumner, Robertson and Wilson counties. The Tri-County Plan expresses a commitment to the protection and enhancement of community character, which, translated, means historic preservation.
In that regard, Castalian Springs is truly a model community. Wanna talk historic? Start with Wynnewood, designated a National Historic Landmark and undergoing a $6 million state-paid repair. Continue with nearby Cragfont, Hawthorne Hill, Bledsoe's Fort Historical Park and the ancient Indian burial grounds. You might as will tear up the venerable grounds at Augusta National Club or bulldoze Williamsburg, Va., or Charleston, S.C., as to blast away at the 350-plus acres Hoover bought smack-dab in the middle of Castalian Springs.
Part of the Hoover-bought acreage is classified as a historic village under land-use terms of the 2035 Plan, Holt said, and that apparently works against Hoover's intended use of the land. Furthermore, most if not all of the land, Holt added, is zoned R1A, which means residential one-acre lots. Still, Hoover plows ahead, apparently confident it will ultimately find a court that will let them pursue their goal. What is it they know that the rest of us don't?
Holt would like to see something legislated that has more teeth beyond just a 2035 "historic village" designation to keep Hoover from turning lush green countryside into a 21st century Stone Age.
“We want the county to grow, but we want growth that ties into what our community already has,” Holt said. “It can't be done overnight. It will take public input, and the citizens will be able to shape it to a certain extent.”
There appears to be a shortcut to an anti-quarry solution, short of introducing new state legislation, that is. McDonald, the state representative from Portland whose district covers Castalian Springs, recently uncovered a Tennessee ordinance -- TCA 13-7 Parts 401-410 -- that could be the county's anti-quarry trump card.
In a nutshell, TCA 13-4 part 4 empowers a county to form an historic zoning commission, which could then establish a historic district or zone as part of a new zoning ordinance or as an amendment to existing ordinances. Castalian Springs would be a plum target. According to TCA 13-7-404, such a rezoning to "historic" would need to meet at least one of five criteria, relative to local events and/or structures of historical significance. Castalian Springs arguably bats a Ty Cobbian 5-for-5 in this regard.
Once again, an issue significant to the future of Sumner County could end up in the hands of our County Commission.
“I'd be happy to propose legislation for this if needed, but the statutes are already in place for the county to proceed with this historic zoning,” McDonald said Monday. “All the county has to do is go through the process of public hearings, and then the County Commission would have to vote and make that change.”
Part 409 of TCA 13-7 allows for an appeals process by an aggrieved party -- such as a Hoover, presumably. As a whole, however, the 13-7 Part 4 ordinance could be the land-use/zoning 99-percent solution that anti-quarry residents and activists are looking for.
The question is, how fast can this county act?

MIKE TOWLE

In case you missed it...

... the videos for the July 14th hearing of the Sumner County Zoning Board of Appeals (a.k.a. Hornets vs. Hoover, Round One) are now uploaded. It's 11 parts. Please check them out if you weren't able to attend the hearing and share them as you see fit. 

More videos after the jump. 

From the General Manager: A flock is a flock is a flock

Click here for original article published in The Gallatin News Examiner     7-20-2011

This past Thursday evening, July 14, hundreds of Castalian Springs residents, friends, relatives and other anti-quarry supporters flocked to the Sumner County Administration Building. As many as could fit squeezed into the Bethel Brown Commission Chambers, SRO, with the overflow pouring out into the lobby area.

They were there for the county’s Zoning Board of Appeals to hear a request by Hoover Inc., to stick a quarry operation into Castalian Springs. Dozens wore red T-shirts that had “Crush the Quarry” written on back. For the most part they were well-behaved; no stones were pitched.

The Quarry Crushers were there to show, applaud and at times yell their support for anyone or anything bent on preventing Hoover from breaking ground on its proposed quarry operations in Castalian Springs. Speakers during the hearing included quarry opponents State Rep. Mike McDonald (D-Portland), Tennessee Director of Historic Sites Martha Akins, Sumner County Executive Anthony Holt and state historian extraordinaire Walter Durham.

The most compelling pitch was a visual – citizens’ attorney Kevin Williams showing PowerPoint slides of an SVU parked next to a monstrous rock-hauling truck, its tires taller than the top of the full-size SVU. Another showed a Ford F-150 pickup, looking like a Matchbox toy in comparison, parked in the well of another humongous quarry truck. This, Williams was saying, is the kind of daily traffic Castalian Springs will be cozy to if this quarry deal goes through.

The quarry’s most visible and vocal opponent is retiree Tom Neal, a pesky and demonstrative sort on the high five of 65 and quickly becoming a local celebrity. His impassioned podium-pounding speech, worthy of the ESPYs and including multiple renditions of “A rock is a rock is a rock!!!”, beseeching the zoning board to reject the quarry, might have been the evening’s highlight. If Castalian Springs ever needs a mayor, it could do a lot worse than Neal. If Notre Dame ever needs a new leprechaun mascot to lead cheers on the football sideline, the diminutive Neal, Scotch/Irishman through and through, would be a natural.

The zoning board took all of about 15 minutes to unanimously reject Hoover’s request to plant a quarry operations, complete with rock-crushing operations, an asphalt plant and a concrete plant, into the lushest gut of Castalian Springs. At that, a loud chorus of cheers rocked the inner sanctum of the administration building. One spectator standing in the back of the room let out a sigh of relief heard all the way to Corum Hill Road. That was Clay Haynes, son of Michelle Haynes and the late Charles Haynes. It was Michelle Haynes who sold the biggest parcel in Hoover’s local land grab to the tune of $2 million, unwittingly, she and the family have insisted, that they were selling to a quarry operation.

For the last month or so, hordes of naysayers have buzzed Clay Haynes, questioning his family’s loyalties and accusing them of what-not. The hot potato has now been passed to the local court system.

“I think tonight will be a good night’s sleep,” said Haynes, looking like someone whose systolic had just dropped 50 points. “Strands of history is what makes our (Castalian Springs) community great, and that was shown tonight.”

Where did Hoover go wrong in getting to this point? A big part of it was in how it went about buying the land, tiptoeing in under cover, their Trojan horse an LLC land-buying front innocently named Western Farm Products. It’s a good guess Sumner has its share of resident sinners who think they are saints when it comes to business deals, but for an outside company to come in under another name, knowing their operations could be revealed as a potential mess maker in an area decorated with historical landmarks, well, that’s asking for trouble.

This story isn’t over. The worst-kept secret throughout all this is that Hoover will likely pursue a legal challenge. Their argument Thursday night, as expressed by attorney Tom White, is that the 350 acres they bought for a total of about $2.3 million, carries a land-use classification in which mining and quarrying operations are recognized. In his “closing argument” before the vote went to the board, White said that Hoover’s operations would have no damaging impact on historical sites in the area, such as Wynnewood.

After the board’s turndown vote, White said, “We’re disappointed, but we feel the board did not follow the law.”

It will likely be weeks or months before all the dust settles. Chancery court or circuit court looms ahead.

Better keep those red “Crush the Quarry” T-shirts laundered, folks. You’ll need them again.

Mike Towle

Published in The Gallatin News Examiner 7-20-2011

Proposed rock quarry leaves residents stone-faced

Click here for original article.

The Portland Leader
By Bonnie Fussell, Contributing Writer

Published:

Thursday, July 21, 2011

The Sumner County Board of Zoning and Appeals voted unanimously to deny the request made by Hoover, Inc. to build a rock quarry and additional supportive plants in the historical Castalian Springs area. A large crowd of concerned citizens from all areas of the county attended the Thursday night (July 14) meeting at the Sumner County Administration Building.

Recently, Rutherford County's Hoover, Inc. purchased over 350 acres of land and several additional parcels in Castalian Springs for this purpose.

UPDATE.............Where do we go from here.....................

THANK YOU, THANK YOU  ........to all the hornets!!   Many thanks to everyone who helped with the effort to "Crush the Quarry" at the Board of Zoning Appeals level. There are so many people that were instrumental in making a positive impact for Castalian Springs that it's not possible to name everyone. The team of lawyers, the core group of Save Castalian Springs, the county officials, the tv and newspaper coverage, all the people willing to help in any way - selling t-shirts, distributing signs, phone calls, soliciting donations, signing petitions, speaking at a meeting, telling your neighbors, and on and on and on.  Without everyone's help we would not have been able to have their application denied.
Now what's next??  Below is a message from Kevin Williams, one of the attorneys that worked endless hours to help the cause........................

I'm one of the lawyers and a resident on Corum Hill Road (the lawyer that did the "PowerPoint" at the Board of Zoning Appeals meeting).

At this point we are expecting an appeal to the Courts (most likely Chancery Court before Chancellor Tom Gray, a jurist of unimpeachable integrity). We are in the process of preparing now (indeed, we began doing so over the weekend) and will keep the community updated as matters progress.

We anticipate that Sumner County will also bring its resources to bear to defend the decision of its Board of Zoning Appeals.

This fight is far from over but we are all in it to win it!

Zoning board denies quarry request

Zoning board denies quarry request

 Click here for article published Sunday July 17, 2011 in Gallatin News Examiner

After hearing comments for more than an hour and a half from both sides of a proposed rock quarry in Castalian Springs, the Sumner County Board of Zoning and Appeals took less than 20 minutes to deny the request of Hoover, Inc. to build a rock quarry, a rock crushing plant, an asphalt plant and a concrete plant on more than 350 acres of land currently zoned for residential and agriculture use.

Board member and local developer Bruce Rainey said during the July 14 meeting that while a mining quarry may be considered in some instances an agricultural business, the other businesses presented in Hoover's site plans were industrial uses.

According to Sumner County Executive Anthony Holt, Hoover is expected to take the matter through Sumner County Chancery Court to request a ruling.

"That was overheard and if that's the case, the county is going to vigorously fight this,"
Holt said after the meeting. "The Board of Zoning and Appeals made the right decision."

The board's decision was unanimous.

Reporter Sherry Mitchell can be reached at 575-7117 or shmitchell@mtcngroup.com.