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No action after city, lawyer meet over quarry suit

Friday, January 18, 2013

Following a nearly two-hour attorney/client meeting Thursday, Shelbyville's council took no action regarding an ongoing lawsuit over a proposed rock quarry.

Last month, the council voted to appeal in the matter of Wright Paving vs. the City of Shelbyville to the Tennessee Supreme Court.

Since 2005, Wright Paving Co. Inc., and Custom Stone LLC has been in a legal battle with the city over plans to place a quarry on L. Fisher Road.

Lawsuit

The Wrights have been suing Shelbyville 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 over the past two years.

The federal case had been on hold until issues involving the same case in state court were resolved.

However, the city lost a state appellate ruling in November and the board of zoning appeals was ordered to consider the Wrights' 2004 application at the earliest possible date. The case was also remanded back to chancery court to see if the Wrights are entitled to any legal fees.

Depot project

The council also passed a resolution to apply for a Tennessee Department of Transportation (TDOT) grant for revitalizing East Depot Street.

The planned project would be from the intersection of North Jefferson to Brittain streets, and Brittain Street from Holland Street back to Depot Street at a cost of around $600,000.

A local match of 20 percent would be included in next year's budget for the city. The project would put new sidewalks and pedestrian crosswalks on Depot and Brittain streets.

City manager Jay Johnson had said during a study session earlier this month that the sidewalks there "were in pretty bad shape."

Several other locations in Shelbyville were considered, but there were either right of way issues or other problems.

Public works director Mark Clanton had said earlier this month if the city gets the grant, it could be a year or more before work could begin.

Other locations

Another resolution dealing with TDOT authorized a project agreement with the state for Surface Transportation Project funds to be used for revitalizing Elm Street from North Main to Delray Street.

About $100,000 will be left over from the state's upcoming project to place a traffic signal at the intersection of Depot Street and Bethany Lane/Coney Island Road.

The city wants to use that money to resurface and add curbs and gutters to Elm Street, which is also a state highway. That part of the highway was not improved the last time resurfacing was done.

That road is also anticipated to be used as a detour once TDOT begins the widening of North Main/U.S. 231 North this coming summer.

Estimated cost of the project is $125,000 and since it would be an upgrade to a state highway, the city is asking TDOT for help in providing the 20 percent local match.

Also approved Thursday was establishing a special work session, or city council retreat, to be held on Feb. 26.