Shelbyville's city council voted unanimously to appeal an ongoing lawsuit over a proposed rock quarry to the Tennessee Supreme Court.
Following an attorney/client meeting, the council chose to authorize city attorney Ginger Shofner, together with the Tennessee Municipal League's Risk Management Pool and outside counsel Farrar & Bates, to file the appeal in the matter of Wright Paving vs. the City of Shelbyville.
Last month, the city lost a state appellate ruling in the matter dealing with the efforts of Wright Paving Co. Inc., and Custom Stone LLC to place a quarry on L. Fisher Road, which has been the topic of lawsuits since 2005.
The company has been suing the city in federal court for $10 million, as well as its Board of Zoning Appeals, planning commission, and former codes and planning director Ed Dodson for the past two years.
Shelbyville, the BZA and planning commission are accused of violating due process, inverse condemnation, unconstitutional taking, negligence and creating an unconstitutional "floating" zone.
The federal case had been on hold until matters involving the same case in state court were resolved.
State Appellate Judge Patricia J. Cottrell ordered the board of zoning appeals to consider the Wrights' 2004 application at the earliest possible date and has remanded the case back to the chancery court to see if they are entitled to any legal fees.
Cottrell wrote that over the past eight years, the city has blocked the Wrights' efforts to have the application considered. "(I)n effect, they (the Wrights) have not had their bite of the apple," the judge said, stating that the BZA can't claim Wright Paving has taken too long to have the matter considered.