by Leslie Lytle, Messenger Staff Writer

“I really sympathize. I know you’re scared,” said Tennessee State Representative Iris Rudder, R-Winchester, addressing more than 50 Jump Off area residents gathered at the Jump Off Firehall Oct. 5 to sign a petition and voice opposition to a sand plant locating in the area. Although details are unconfirmed, Tinsley Sand and Gravel recently took approximately 40 core samples on a Jump Off area parcel under contract to be sold, according to Charlie Smith, whose property joins the tract currently owned by the Grimes family. When Jack Champion, also an adjoining property owner, questioned Tinsley employees about the reason for the sampling, one allegedly replied, “If they’re looking for sand, they found it.” Several days later, Champion spoke with a member of the Grimes family who confirmed Tinsley Sand and Gravel had a 90-day contract to purchase the property. Jump Off residents only recourse to opposing a sand plant locating in the area hinges on the Marion County Commission’s vote in January 2023 to adopt a County Powers Act resolution.

Ronnie Hoosier, who also owns property adjoining the tract in question, expressed concerns about traffic from large trucks and blasting. “Many people here are still on wells,” Hoosier said.

Two county commissioners voted against adopting the County Powers Act, said District 1 Commissioner Ruric Brandt, who introduced the proposal in response to discussion about a sand plant locating near the Cumberlands at Sewanee, a South Pittsburg residential development. In counties without zoning, the County Powers Act authorizes the county to regulate nuisance activities. Brandt maintained the Farm Bureau and others representing agricultural interests opposed the resolution, expressing concern agricultural practices could be regulated as nuisances. County Mayor David Jackson sided with the opposition. Following the vote, the county attorney never formally drafted the resolution.

“It’s [the attorney’s] duty to write all resolutions. They just decided we’ll let this die on the vine,” Brandt said. “Marion County never passed any subsequent regulations to define what a nuisance is.” Brandt encouraged residents to attend county commission meetings and voice support for putting teeth in the Powers Act. “If they come and put pressure on my fellow commissioners, they can override the mayor’s veto and get it done.”

The County Powers Act, codified by the Tennessee legislature in April 2003, extends to counties without zoning the authority granted to municipalities to “Define, prohibit, abate, suppress, prevent and regulate all acts, practices, conduct, businesses, occupations, callings, trades, uses of property and all other things whatsoever detrimental, or liable to be detrimental, to the health, morals, comfort, safety, convenience or welfare of the inhabitants … and [to] Prescribe limits within which business occupations and practices liable to be nuisances or detrimental to the health, morals, security or general welfare of the people may lawfully be established … [a county must declare their authority to regulate] by adoption of a [Powers Act] resolution by a two-thirds (2/3) vote of their respective legislative bodies … Any such regulations shall be enacted by a resolution passed by a two-thirds (2/3) vote.” [T.C.A. § 6-2-201(22) and (23) and T.C.A. § 5-1-118]

Brandt modeled his County Powers Act proposal for Marion County on Grundy County’s Powers Act and accompanying regulations which stipulate a sand plant cannot operate within 5,000 feet of a residence. In court Grundy County prevailed opposing Tinsley Sand and Gravel’s intentions to locate a sand plant just off Clouse Hill Road. Tinsley is appealing the decision. [See Messenger Sept. 30, 2022; <https://www.tncourts.gov/courts/court-appeals/arguments/2023/08/02/tinsley-properties-llc-et-al-v-grundy-county-tennessee;] “If [Tinsley] puts the plant in Grundy, they would not be interested in the property in Marion, because they would not need two plants,” Rudder said. “But you’re very smart by being proactive.” Rudder shared background on a Tinsley quarry in the Alto area which took four years to earn the Franklin County Commission’s approval. Tinsley bought the adjoining property owned by those voicing strongest opposition to the quarry and the complaint lost force, Rudder maintained.

“People here won’t sell,” a Jump Off resident insisted.

“We have until December when the sale closes to make our voices heard at county commission meetings,” Hoosier said. “I’ll be there until the first blast goes off.”

The next Marion County Commission meeting is at 6 p.m., Monday, Oct. 23, in the Lawson Building, 300 Ridley Ave., Jasper. https://marioncountytn.net;.

“I don’t like zoning,” Brandt stressed. “[The County Powers Act] is the only way to do it. If someone wants to have a dilapidated shack, that’s their right. It’s different when a big corporation comes here and buys 600-700 acres and puts in a portal to hell.”

Sewanee Realty reported the status of the 150-acre tract Tinsley Sand and Gravel sampled is “under contract/accepting backup offers.” The listed price is $1.8 million.

Editor’s Note: Marie Ferguson and Patsy Truslow of Sewanee Realty released the following statement:

“Sewanee Realty is the listing agency for the property. As noted in the MLS and other forms of advertising, the property status is under contract/accepting back up offers.”

“We are not at liberty to disclose anything related to active contracts. As members of the Tennessee Association of Realtors, we must follow rules and regulations set forth by the Tennessee Real Estate Commission.”

“As owners of Sewanee Realty, we care deeply about this community and are committed to providing professional service.”

EDITED FOR CLARIFICATION ON Oct. 13, 2023. In the story “Power to Effect Change: Another Sand Plant?”, the comment attributed to Commissioner Brandt should have read “Marion County Farm Bureau Vice President James Haskew…opposed the resolution,” not “the Farm Bureau…opposed the resolution.” The Farm Bureau organization has not publicly expressed an opinion on the Powers Act. - KGB