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.

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