Rock quarry suit delayed again

A federal judge has ordered another delay in an ongoing lawsuit over a proposed rock quarry, canceling a June 2012 trial date.

Last October, Norma and Tommy Wright, Wright Paving Co. Inc., and Custom Stone LLC filed a suit in federal court for $10 million against the city of Shelbyville, its board of zoning appeals, planning commission, and codes and planning director Ed Dodson "in his official capacity and individually," accusing them of violating due process, inverse condemnation, unconstitutional taking, negligence and creating an unconstitutional "floating" zone.

In August, the Wrights asked for a stay in the case until the outcome of another state court appeal was known, which is related to the original suit they filed in 2005 after the city turned down the controversial project on L. Fisher Road.

However, the state appeal is still pending, and a motion by the city to dismiss the case that was filed this past June has not been ruled on either, so lawyer Mary Byrd Ferrara, representing Shelbyville, requested that the discovery and deadlines for motions in the case, as well as the June 19, 2012 trial date, be continued.

U.S. District Judge Harry S. Mattice granted the motion, stating that he "recognizes the legitimate possibility that this action should at least be stayed pending the outcome of the state-court litigation."

Mattice canceled the trial date and continued the discovery and motion deadlines, stating he would reset the dates if the case is to proceed.

Long wait

Ferrara wrote that since the city's motion to dismiss remains pending and that both sides are still waiting on the appeals court ruling, "the parties have done little to prepare to meet the upcoming deadlines."

The Wrights' attorney, Josh A. McCreary, said they had no opposition to moving the deadlines, but added they have proceeded with the case with "reasonable diligence."

During a telephone conference earlier this month, McCreary stated that "the outcome of the state court claim is likely to have considerable impact upon this matter," with Ferrara stating that until the state court matter is finally resolved, no jury instructions could even be drafted in the federal case which would not depend on the outcome of the state case.

Ferrara said the city did not want the case and their motion to dismiss "pending for potentially 2 to 3 years" waiting on the state appeal process, adding that the reasons that prevent the federal case from proceeding are also the reasons why a federal judge should "abstain from consideration of the plaintiffs' claims and dismiss the claims against the City in their entirety."

Case continues

In 2004, citizens living near the site protested the Wrights' request for mining and quarrying, saying that blasting at the site would damage their property.

The lawsuit arises from the Wrights' purchase of two or more tracts of property where they have operated an asphalt plant and have sought to operate a rock quarry there, attempting unsuccessfully to have the land zoned for that purpose in 2005.

In May 2010, the Wrights applied to have the land granted a special exception to construct a quarry, which is located in an I-2 zoning district. Shelbyville had amended their zoning ordinance in January 2010 to prohibit quarrying in the I-2 zone, only permitting it if the property meets the ordinance's requirements to be rezoned as an I-3 industrial zone.

Since the city amended the zoning ordinance to prohibit quarrying in an I-2 zone, they did not consider the Wrights' application for quarrying in I-2, with Ferrara noting that the Wrights "have never applied to have the property re-zoned to I-3 under the current zoning ordinance."

The Wrights then filed their federal suit in October 2010, claiming they were denied due process by the city.

Ferrara argued that if the Wrights had applied for a I-3 zoning reclassification, and if it was denied, then the Wrights would have the "same state court remedies available to them to challenge said denial in state court, just as they did their prior denial in 2005."

However, any federal claim which the Wrights may have had in connection with Shelbyville's denial in Jan. 2005 of the 2004 application for I-3 classification "is barred by the applicable one year statute of limitations," Ferrara wrote earlier this year.

Also, Ferrara wrote, the Wrights' amended complaint against the city failed to allege any facts which would indicate that Shelbyville's passage of the I-3 zoning distinction has any relationship to the Wrights or their property, since the complaint "does not state that they have applied for the I-3 distinction under the 2010 ordinance."

Ferrara also asked that the Wrights' state law inverse condemnation and negligence claims be dismissed, stating that the Tennessee Governmental Tort Liability Act grants exclusive jurisdiction to Tennessee circuit courts for those claims brought against a city.