Vulcan Materials Company has filed a petition for review in the Superior Court of Jackson County.
This comes after the Jackson County Board of Commissioners voted to deny the special use permits for the roughly 900-acre proposed quarry site in the southern part of the county on Nov. 18.
David Ellison, the Athens-based lawyer representing the company, filed the petition on Monday.
In the petition, he claims that the county’s decision was made in error on multiple grounds.
That includes that the decision by the commission was “not sustained by sufficient evidence.”
Ellison also claimed that any findings made by the county were “clearly erroneous.”
Another point of contention was that Vulcan claims their applications complied with the standards and requirements for approval per Jackson County’s ordinances.
Other claims included:
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Jackson County’s decision violated the due process clause in the Georgia and United States Constitutions
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The county’s ordinances being invalid as applied to Vulcan under the uniformity clause of the Georgia Constitution
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And that the county’s decision violated the takings clause of the Georgia and United States Constitutions
The due process clause in Georgia states that “no person shall be deprived of life, liberty or property except by due process of law.”
The uniformity clause asserts that general laws must be applied uniformly throughout the state and the takings clause states that private property shall not be taken for public use “without just compensation.”
Those are the main arguments posed by Ellison and Vulcan.
This is one of the last outlets Vulcan has to reverse the county’s decision made in November.
