April 15, 2013
Lawyers and city leaders in Shelbyville, Tennessee, will meet this month to discuss legal issues surrounding a proposed rock quarry, the Shelbyville Times-Gazette reported.
According to an earlier report from the Times-Gazette, Wright Paving Co. and Custom Stone LLC have been suing the city and its Board of Zoning Appeals, planning commission and former codes and planning director Ed Dodson for $10 million in federal court over issues surrounding the proposed quarry. The lawsuit has began two years ago.
Wright paving submitted a plan for a property on L. Fisher Road in 2004, and the application has not been considered. State Appellate Judge Patricia J. Cottrell has since ordered the Board of Zoning Appeals to consider the application at the earliest possible date.
The city council and outside council met Thursday evening for an attorney/client meeting, or executive session, and the Board of Zoning Appeals will meet with their attorneys for a special session on April 18.
Two votes will take place on April 25, when the Board of Zoning Appeals and the city’s planning commission will meet to look at legal issues concerning the quarry. During the meeting, the planning commission will consider Wright’s site plan, and the Board of Zoning Appeals will examine the permit for conditional use of the land.
The city will review the quarry under the zoning ordinance that existed in February 2004, around the time Wright first submitted its application and before the city made zoning changes affecting Wright’s application.
In addition to the $10 million suit, Wright is demanding damages for future use of the property for quarrying, including lost profits.