The future of the Murfreesboro-Rutherford County Quarry is still up in the air after a hearing Thursday morning in front of Chancellor Robert Corlew.
The quarry’s future is uncertain after an apparent discrepancy in the county’s Zoning Resolution at the meeting came to light during a Rutherford County Board of Commissioners meeting last September.
At Thursday’s hearing, the county asked Corlew to decide just who the county needs to sue in order for the case to move forward.
“Our motion is for the court to decide who to opposition should be,” said Josh McCreary, attorney for the county.
The matter is confusing because the county isn’t actually suing anyone, just asking Corlew to rule on the best course of action regarding the zoning resolution’s discrepancy.
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 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.
Right now the county has listed quarry owners The Rogers Group and some of the quarry’s neighbors in the Blackman Community.
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.
McCreary argued all citizens of the county could be listed as defendants if a broad view was taken, because the question before Corlew deals with the county’s zoning resolution and potentially affects everyone living in Rutehrford County.
“We are asking the court on the front end, sooner rather than later, who the parties should be,” McCreary said.
Tom Lee, counsel for The Rogers Group, said the company isn’t opposed to being listed, but it might be depending on the final decision in the case.
Jay Jackson, counsel for some quarry neighbors, argued anyone living within 1,500 feet of the quarry should be listed.
Corlew decided to review all evidence and making a ruling at a later date.
At its October 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.
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