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