The Superior Court of Jackson County made a final decision on the proposed Vulcan Materials Company quarry in the southern part of Jackson County on May 21.
The court found that the final decision of the Jackson County Board of Commissioners to deny the quarry at the Nov. 18 meeting last year was “sustained by sufficient evidence, was not an abuse of the BOC’s discretion, and was consistent with applicable law.”
The petition for review was filed by Vulcan in December of last year. Since then, a focal point of Vulcan’s argument was that the denial denied their due process.
The court rejected that assertion, stating that the Board of Commissioners and the Planning Commission held public hearings where Vulcan was able to present evidence.
Another argument by Vulcan was that the denial was based on “generalized fears” as opposed to solid evidence.
The court found that the proposed quarry would have negative impacts upon water resources, the rural character of the area, land use and planning goals for the area, and on neighboring properties and their owners.
The court also made mention of the Board and the Planning Commission’s standards when deciding on a special use as set forth in the Unified Development Code.
“The record reflects that the Jackson County Planning Staff’s determination that the scale and intensity of the Proposed Quarry is inconsistent with the intent of the A-2 zoning district to protect rural agricultural lands…” the court filing read.
Now, over six months later, the commissioners’ decision is upheld.
http://accesswdun.com/article/2025/5/1291616/jackson-co-superior-court-upholds-commissioners-decision-denies-vulcan