Lawsuits filed as town and devel

Lawsuits filed as town and developers clash over proposed quarry in Greenback

GREENBACK, Tenn. (WATE) — A dispute is developing in Loudon County over a proposed rock quarry. The Town of Greenback and the Loudon County Regional Planning Commission filed a lawsuit against M&M Stone Farms and Tri-county Crushed Stone over their plan to build a rock quarry in the town. In response, the companies have filed a countersuit.

The disputed property, owned by M&M, consists of 236 acres along Hutton Road in Greenback. The companies claim that the property is very close to property owned by Mayor Dewayne Burchfield on Craigs Chapel Road.

The town claims that it is zoned as a light industrial district, meaning that mining and quarrying of natural mineral resources is not permitted. The companies claim that they were not given the “constitutionally required notice and an opportunity to be heard” when the property was zoned. They want the ordinance to be declared void. The countersuit also asserts that during the 25 years the property was within the town limits of Greenback, it was never subjected to any zoning regulations.

According to court documents, Tri-County’s president, Rodney Murphy, began the process of purchasing the property on March 17, 2023, and core borings were done to determine if the property contained enough limestone deposits to be developed as a quarry. Following this, the countersuit claims that “widespread confusion, misinformation, and questions” arose within the local community.

To put the public at ease, Murphy attended a meeting of the Board of Mayor and Aldermen on April 11, 2023, where he stated his intention “to operate a limestone quarry in compliance with all applicable laws and regulations.”

On June 25, 2023, Tri-County entered into a lease agreement for a portion of the property, allowing them to commence commercial operations in that area. The company then applied for a National Pollution Discharge Elimination System permit from the Tennessee Department of Environment and Conservation, a requirement for quarry operation in the state.

A public meeting on the permit was held on December 11, 2023. The countersuit alleges that the mayor and two members of the Loudon County Commission spoke against granting the permit, but it was ultimately approved. The countersuit further claims that in response to petitions opposing the quarry, the town initiated the process to rezone the property as light industrial.

During a board meeting on December 12, 2023, the proposal to zone the property was first read. It was then officially adopted on January 9, 2024.

The countersuit asserts that Murphy, Tri-County, and M&M were not notified about the proposal, and no physical notice was posted. It goes on to claim that once the rezoning was approved, the town took “no action to notify the public that the ordinance had been adopted.”

On March 25, James Jenkins, Building Official for the town, wrote a letter to M&M, sharing that it had received complaints that there was equipment on the site removing soil in preparation for a rock quarry. The letter advised the company that the property was in violation of Section 4-408 of the Greenback Zoning Ordinance and requested M&M to stop development activities and stabilize the exposed soil. The countersuit claims this is when the companies first learned about the zoning ordinance.

The lawsuit filed by the town seeks an injunction to prevent the companies from violating the zoning ordinance and operating a rock quarry on the property. The countersuit requests a declaration allowing them to use the property for agricultural and quarrying purposes and seeks an injunction preventing the town from interfering with their use of the property.