The word is out in the community, even in some of the local media – Vulcan will sue the county to force approval of its quarry in South Jackson. This impression is warranted by the statements of Vulcan’s attorney Davis Ellison of Fortson, Bentley and Griffin. In their Letter of Intent and at the planning commission hearing, Mr. Ellison made so many legal claims and so often threatened litigation, that we felt we had to get legal guidance. The clear conclusion is that they have no legal right to demand that the Board of Commissioners give up their authority and duty to oversee land use and development in Jackson County.
Vulcan will sue? Vulcan will lose.
The land that Vulcan cites for development is primarily zoned agricultural. On the side facing 441 zoned industrial where there is a company that makes doors and one that makes statues, fountains and bird baths. The rest of the land is bounded by other farms, ranches and the North Oconee River. Typically, a quarry is zoned as a heavy industrial use as would seem to common sense given the massive scale, machinery, dust, noise, danger and potential environmental impact involved.
The law says a local government can approve a quarry or mining on A2 land by approving a ‘Special Use Permit’. Many authorities such as the Jackson County Planning Department, Planning Commission and the Northeast Georgia Regional Commission have pointed out flaws in their proposal. still Vulcan claims the BOC must approve a permit if they present evidence that they will minimize impacts. Ellison and Vulcan throughout their presentation, between declarations that they want to be a good neighbor, throw out a lot of cases claiming their property rights. There is a funny thing about these cases. Most are dated 1970 something, 1980 something. And then there are multiple references to Rothkopf’s The Law of Zoning and Planning. Citing the 2024 edition apparently gives their argument a modern relevance but it is just a book. Recent decision confirm that this is a political decision based on the judgement of elected officials.
Recently in Macon-Bibb County Planning & Zoning Comm’n v. Epic Midstream, LLC, 349 Ga. App. 568, 568 (2024).
“trial court cannot reverse the decision of the Board of Commissioners if there is any evidence to support the decision of the Board. “When reviewing a local governing body’s zoning decision, the superior court applies the any evidence standard of review. In the Georgia appellate courts, the standard of review is whether there is any evidence supporting the decision of the local governing body, not whether there is any evidence supporting the decision of the superior court.”
Vulcan says it wants to be a good neighbor. They are like the neighbor who moves into the HOA, demands that the rec center be moved to their backyard, doesn’t allow anyone access and then sends you the bill at the end of the year. We all live by zoning rules, so should Vulcan.
