The Georgia Supreme Court ruling handed down Friday upheld Catoosa government’s denial of a proposed asphalt plant in Rabbit Valley.

Catoosa successfully appealed a decision by a Catoosa Superior Court judge that sidelined its requirement for a special use permit for certain industrial projects.

The case that upset a section of Catoosa County’s Planning and Zoning ordinances is R.N. Talley Properties, LLC vs. Catoosa County. Judge Jon “Bo” Wood ruled in late January that the ordinance requiring a special use permit was “vague and unenforceable.”

Talley wants to build an asphalt plant off Lovingood Road in Rabbit Valley but many area residents have protested the project.

Catoosa County Attorney Clifton “Skip” Patty said the Supreme Court reversed Judge Wood’s decision finding that (Talley’s) failure to pursue the special use permit process from start to finish and be denied, prevents his company from making the attack on the ordinance.

Since that time the county has strengthened the ordinance to include asphalt plants specifically, he said.

“Initially they asked for a building permit,” he said. “They were denied. They filed a notice of appeal and then they abandoned the notice of appeal in the planning commission and filed suit.”

Patty said if the company tries again, the process should be interesting since the earlier issue was dismissed and future requests will be under the new ordinance.

“The reason they were challenging the other (ordinance) is because it did not say asphalt plant,” he said. “It does now.”

Lovingood Road resident Millie Cheek said she and her neighbors are extremely happy about the outcome of the county’s case.

She said that the case reaches far beyond their immediate issue of having an asphalt plant wish to build next door. The ruling preserves the rights of residents to have the opportunity to speak within the process and helps protect all residents, she said.

Attorney Frank Jenkins represented several families and assisted in the court case on their behalf. He said if the company desires it must start its application process over and the same situation may be faced by everyone down the road.

“Only this time I think we are in a better state,” he said. “I am very optimistic. It’s not over and final. They can still go through the steps but I do think we are in a much better position.”

The Catoosa County News left a message at the office of attorney Wayne Phears, who represents R.N. Talley Properties, LLC, requesting comment on the ruling around 4: 10 p.m. on Monday.

Background

A former board of commissioners voted 3-2 to allow 13 acres on Lines Drive adjacent to the Stone Man Quarry off Lovingood Road to be zoned industrial back in 2002.

Roger Talley of Talley and Krech said then that he wanted to build a shop there and park some of his trucks on the property.

However, area residents suspected then that the move was the first step to the eventual placement of an asphalt plant by Talley who also owns Southeastern Materials. The group provided the board with a petition with 450 signatures urging that the area remain agricultural.

Former Commissioner Pat Page said at that time that in order for the company to place an asphalt plant there, it would have to go through the special permit process and she did not believe such a request could pass the planning commission.

An asphalt plant is not the result Page said she voted in favor of in 2002.

Attorneys for Talley in January 2006 came to the Board of Commissioners to request a ruling on a special use permit but commissioners said they would need to go through the planning and zoning process.

Judge Wood’s ruling overturned the county’s requirement.

Catoosa County Board of Commissioners voted on Feb. 8 to have Patty appeal the decision to the Georgia Supreme Court.

CLICK ON THESE LINKS

---

FEEDBACK: Send a
letter to the editor

SUBSCRIBE: Get The Catoosa County News each Wednesday

GO
BACK: Return to our homepage

---

[ad1]