Jackson County has replied to Vulcan Materials Company in the newest update to the company’s petition for review against the county’s November 2024 decision.
The petition was filed in December of last year in the Superior Court of Jackson County after the Jackson County Board of Commissioners denied Vulcan’s special use application to build a quarry in the southern part of the county.
In their response on March 17, the county’s attorney — Charles Ferguson — said that when a superior court reviews a governing body’s decision, it must apply the “any evidence” standard of review.
That standard says that the court “must view the evidence in the light most favorable to the [BOC]’s decision and must affirm the decision if there is any evidence to support it…”
Ferguson also claims that the county’s denial of the applications was supported by evidence and a proper exercise of the commission’s discretion.
According to the county’s development code, a special use application must meet certain criteria before the board’s approval.
Some of those questions include “will the proposed special use be consistent with the stated purpose of the zoning district in which it will be located?” and “is the proposed special use compatible with the goals, objective, purpose and intent of the Comprehensive Plan?”
The planning commission found that the establishment of the roughly 900-acre quarry would mark a significant shift in land use, threatening the rural nature of the A-2 zoning district the site was planned on.
The planning staff also determined the quarry could cause nearby property owners to experience “increased noise, dust, and traffic…”
The suit also goes on to mention the professors and experts who attended the meetings to show the potential environmental impact to the area — specifically to the potential groundwater recharge area near the site.
Another key argument from Ferguson was that the very need for a special use application implies potential incompatibility with the current zoning and land use.
The Superior Court of Jackson County is potentially one of the last outlets Vulcan has to overrule the county’s November 2024 decision.
http://accesswdun.com/article/2025/3/1289886/jackson-co-responds-to-vulcans-petition-for-review