MICHELLE WILLARD, Post Staff Writer
Posted: Tuesday, December 15, 2009 1:52 pm

The rock quarry case will be decided, Chancellor Robert Corlew ruled last week.

More than a year after a zoning resolution left the future of the Murfreesboro-Rutherford County Quarry up in the air, Rogers Group moved for a judgment and for the issue to be sent back to the county commission.

Chancellor Robert Corlew heard arguments from both sides last month in a case involving an apparent discrepancy in the county’s Zoning Resolution.

Roger’s Group, owners of the Murfreesboro-Rutherford County Quarry in Blackman, made a motion to have the case dismissed and sent back to the county commission for a final decision. The company also wants Blackman residents and quarry neighbor, Brenda Lane to be removed from the suit to clear the way for the case to be dropped.

“They have no standing, because they are no different from every other Rutherford County citizen,” Attorney for the Rogers Group Lela Hollabaugh argued.

Corlew agreed Lane has no standing in the case but ruled the case will proceed.

Corlew cited a recent Tennessee Appeals court ruling that found parts of the Rutherford County zoning resolution invalid and the court should make a ruling to clear the air in the case.

The county filed the lawsuit earlier this year asking Corlew to rule on the best course of action regarding the discrepancy in the zoning resolution.

At issue is the setback requirement for resource production and extraction (Section 7.03 of the resolution). In the current resolution, quarries must be set back at least 1,500 feet from surrounding homes zoned Residential 100, R-40, R-20, R-10 and R-8.

But the homes surrounding the Murfreesboro-Rutherford County Rock Quarry are all zoned R-15, as is most of the unincorporated county.

However, Jackson found the R-15 designation listed in the 1984 Rutherford County Planning Resolution and no supporting documentation that the county commission voted to repeal the R-15 setback requirement.

Planning Director Doug Demosi released a memo in October 2008 that said evidence researched by the planning department shows there is no documentation the R-15 zone was removed from the set-back clause by an act of the commission.

With the discrepancy and a vocal opposition from the Blackman community, the commission decided it was in the county’s best interest to take the evidence to a judge for a declaratory judgment, which would decide whether the zoning resolution applies to the R-15 setback and if it setback applies to the Rogers Group conditional-use permit request.

At its October 2008 meeting, the commission approved an amendment to the zoning resolution that changes its language to include all residential property in the disputed section. However since Rogers Group had already submitted its request, the amendment does not apply.

Michelle Willard can be contacted at 615-869-0816 or mwillard@murfreesboropost.com.