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.

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

Thursday, April 19, 2012

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)

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.

Wednesday, November 2, 2011

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.

Sunday, September 25, 2011

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.

Thursday, September 8, 2011

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.

Monday, September 5, 2011

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.