Vulcan Files Suit Against Franklin County BOC Over Setback Rules

Vulcan Materials has filed suit in Franklin County Superior Court against the Franklin County Board of Commissioners over the passing of the Unified Development Code and new Zoning Map arguing it prevents them from putting in a rock quarry on the property along Highway 59 in Lavonia.

Calmat, a subsidiary of Vulcan Materials, filed the suit in late August and names Commissioners Eddie Wester and Robert Franklin and Interim County Commission Chair Kyle Foster. It does not name Commissioner Elizabeth Busby as she had not been sworn in as Interim Commissioner at the time the suit was filed and was not on the Board when they voted on the heavy industrial setback amendment to the UDC on August 3.

In the suit, Calmat claims Vulcan has  “suffered a special injury not common to all other property owners since it desires to use the Property for Surface mining and quarrying and resource extraction.”

In June 2021 Vulcan purchased approximately 300 acres on Highway 59 from Milliken-Pacolet. The property is located about two miles outside of downtown Lavonia and is the site of their proposed rock quarry.

Over the past year, the company has held two meet and greet sessions with local residents and businesses near the site and has come under opposition from many of those residents and business owners.

For over a year, the County has been working on a Unified Development Code and a new Zoning Map to prepare for future commercial, residential, and industrial development.

The UDC and map designate certain parts of the county for specific kinds of development, such as residential, light industrial, agriculture intensive, heavy industrial, commercial, and agriculture general.

The proposed site named in the Vulcan suit was originally zoned light industrial and remains that way in the new UDC and zoning map. Vulcan had planned to apply for rezoning the property to heavy industrial and obtaining a conditional use permit.

In May, the Board of Commissioners instituted a moratorium on all zoning and permit applications for heavy industrial uses.

In August, Commissioners voted to approve the Unified Development Code.

County Commissioners also voted at that time to amend part of the UDC regarding heavy industrial uses by decreasing the setback for heavy industrial uses from 4,000ft to 2,000ft. Vulcan’s attorney objected to any setback requirement and argued that even the 2,000ft setback would prevent them from putting in a quarry on the Highway 59 property. David Ellison, an attorney for Vulcan Industries, asked the County to remove the section regarding setback requirements for industrial areas altogether.

Ellison said no other county in Georgia has a 4,000 ft setback requirement.

However, during the public comment section, retired oncologist Allen Lawhead, who is opposed to the quarry, said there are counties in Georgia with 4,000 ft. setbacks for industrial areas.

“I was in Oconee County (Georgia) today and their setback is 4,000 ft. So, we would be well within that and if you look at them, they’re one of the most successful counties in Georgia,” he said. “So, staying at 4,000 makes sense because we don’t want that toxic industry any closer to our people.”

Another citizen who spoke noted neighboring Madison County also has a 4,000 ft setback ordinance.

The moratorium on heavy industrial permitting automatically ended in September when the Board, on the recommendation of the Planning and Zoning Commission, unanimously voted to pass the new zoning map, putting the UDC into immediate effect.

In their suit, Calmat claims the setback, “creates a significant detriment to (Vulcan) the Petitioner, and …. is, “unreasonable and unjustified” and “renders the Property unsuitable for its intended purposes.” Calmat also alleges the requirement is discriminatory.

Calmat also claims the blasting and vibration part of the ordinance’s section on quarries is not clear and prevents Vulcan from knowing when they can blast.

Calmat alleges in the suit that the entire portion of the UDC regulating quarries violates the laws of the State of Georgia, and the United States and Georgia Constitutions.

Calmat is asking for a de novo appeal to the County’s decision, meaning they are asking an appellate court to review any decision of a lower court anew as if the lower court had not rendered a decision.

WLHR News reached out to Jimmy Fleming, VP of Permitting and External Relations for Vulcans’ Construction Materials Group.

Fleming at first said he was willing to comment but later declined to comment because the suit is still in litigation.

WLHR News is following this story and will bring you updates as they become available.

Read the full lawsuit: Vulcan lawsuit