Yr in Review: Vulcan Sues Franklin County Over New Unified Development Code

Looking back at the top stories of 2022 Vulcan Materials 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.

In the suit, Calmat claims Vulcan has quote, “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 where they plan to dig the rock quarry.

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

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

The moratorium ended in September when the Board, on the recommendation of the Planning and Zoning Commission, unanimously voted to pass the UDC and the new zoning map.

County Commissioners also voted 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.

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

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

Calmat says the portion of the UDC regulating quarries violates the laws of the State of Georgia, and the United States and Georgia Constitutions.

In November,Bubba Samuels, attorney for Franklin County, filed for a dismissal of the Vulcan/Calmat lawsuit.

Samuels said Vulcan/Calmat’s complaint should be dismissed in its entirety because they had plenty of time, prior to the Board’s vote in August to “exhaust its adequate and available remedies prior to initiating this action (lawsuit) by submitting any applications to Franklin County for consideration and approval of Vulcan’s proposed development of the property.”

Because they never filed for permits or rezoning since purchasing the property, Samuels asserted Vulcan’s lawsuit is moot.

Addtionally, Samuels noted Vulcan filed its lawsuit against Franklin County based on the old 2005 Zoning Regulations which were repealed and replaced with the new UDC and zoning map adopted at the September, 2022 Commission meeting.

So far, the case has not gone to court and executives with Vulcan have refused comment while the case is still pending.