Grundy County Prevails in Sand Plant Lawsuit
by Leslie Lytle, Messenger Staff Writer
At a Sept. 19 Chancery Court hearing before Judge Melissa Willis, Tinsley Asphalt sought a summary judgement to allow them to operate a sand plant in violation of the Grundy County Powers Act resolution, which gives the county the authority to regulate nuisance activities. Tinsley attorney Clifton Miller argued Grundy County, which has no zoning, could not use the Powers Act to regulate land use. Willis delivered her ruling Sept. 26. “The judge ruled in our favor,” said Grundy County Mayor Michael Brady. “They [Tinsley Asphalt] would have to be in compliance with the resolution we have in place.”
Asked if the ruling included a stop work order, Brady said, “Yes. She is agreeing with the county powers act as it is stands.” Advised that neighbors reported activity at the site on Sept. 27 and Sept. 28, Brady said, “They are not supposed to be operating. If they are, I’ll take care of that.” Grundy County’s permit for operating a sand plant restricts sand and gravel extraction and topsoil removal and prohibits operating a sand and gravel quarry within 5,000 feet of a residence. The construction site, located off Clouse Hill Road, borders Deerlick Falls Retreat, Highland Bluff and Timberwood Trace residential communities. Tinsley Asphalt has no permit [See Messenger, Feb. 11, 2022]
In her opening and closing statements at the hearing, Judge Willis said, “This is a case of first impression, meaning there is not another one like it.” Willis noted she expected an appeal, regardless of her ruling. [See Messenger, Sept. 23, 2022]
“I look for an appeal,” Brady said. “We stand ready for that challenge, as well.”
“Every sand plant, every rock quarry company will be looking at this, because it will mean they will be at the discretion of the county government rather than zoning which does not work county wide,” Brady stressed. “If it goes to the appellate court, it will be a landmark decision.”
Providing historical perspective on the County Powers Act, Brady said in 2012 as a county commissioner, he sought the advice of county attorney Bill Reider on how to curtail pain management clinics locating in Grundy County. “We already had a huge problem with pills,” Brady said. Reider recommended zoning. Searching for alternative solutions, Brady came across the County Powers Act authorized by the Tennessee General Assembly in 2002 and 2003. Reider said he believed the powers act would work, according to Brady, but acknowledged it had not been used.
A few other counties have passed powers act resolutions, Brady said, but “it’s relatively unknown.” The powers act originated in response to a case involving a child with asthma impacted by a neighbor’s trash burning. “The whole intent of this law was to protect people’s homes,” Brady insisted.
“Zoning will not work in the state of Tennessee in rural counties,” Brady said. “The only alternative was a different route. This will put a lot of power into the counties to be able to say what happens there.”
Tinsley Asphalt had not returned the Messenger’s request for a comment at the time of publication.