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.
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
