Residents sue Supervisors
over quarry decision
The Rockbridge County Board of Supervisors is facing a lawsuit from its recent vote to allow expansion of the Barger Quarry by 45 acres.
Residents who live near the quarry filed the suit Jan. 9 because they believe three board members held an illegal meeting to discuss the quarry.
On Dec. 10, the board voted 3-1 in favor of the proposal by Chuck Barger to rezone the quarry for expansion. Harvey Hotinger of Kerrs Creek, Maynard Reynolds of Natural Bridge and K.L. "Monty" Fix of Walker's Creek all voted for the new proposal in their final days as members of the board after being defeated in the November elections.
Mack Smith from the Buffalo Creek District abstained from voting because of a conflict of interest. Only Chairman Carroll Comstock, of the South River District, voted against the new proposal.
Community members were surprised when the proposal changed from a 10-acre expansion, as recommended by the county Planning Commission, to the 45-acre expansion.
"Those who attended the meeting expected something different from what happened," said Comstock. Comstock said he favored a more moderate expansion mirroring the original proposal.
The lawsuit did not come as a surprise given the angered nature of the residents who were at the December meeting.
The lawsuit claims Hotinger, Reynolds and Fix took part in an illegal meeting at Frank's Pizza and Subs to discuss the quarry, and that such a meeting violates the state's Freedom of Information Act.
The Board of Supervisors, the three board members who voted in favor of the proposal and Medusa Properties, which owns the rezoned areas, are named as defendants in the lawsuit.
Plaintiffs in the lawsuit are John H. Gunner and Leslie E Ayers, Richard S. Nuckols and Frances M. Nuckols, Richard S. Nuckols Jr. and Emily W. Nuckols, James K. and Patricia D. Fishback, Stanley M. and Linda B. Donald, and Hampden H. Smith III and A.P. Smith. They believe the expansion will hurt their quality of life when the quarry expands closer to their property. On the day of a blast, large amounts of dust are released into immediate surrounding areas. Increased noise and truck traffic are also concerns.
At the December meeting, the board said it understood the inconvenience the new expansion would cause for nearby community members.
The Planning Commission's recommendation to the supervisors for a 10-acre expansion was a compromise between Barger's desire to expand the quarry and the desire to provide a buffer for residents who live nearby. Barger originally petitioned for a rezoning that would allow a 54-acre expansion.
Sam Crickenberger, the county's planning and zoning director, was surprised along with the residents at the 45-acre decision.
"People knew a decision was going to be made," said Crickenberger. "But they, including myself, didn't expect such a huge expansion. It was not on the table at the previous [November] meeting."
Despite the lawsuit, Crickenberger and Comstock agree that the newly elected board is not likely to reconsider the decision.
"There is no willingness to change the decision," said Crickenberger. "Our next step is to respond to the lawsuit."
Produced by
Washington and Lee
journalism students.
Lead Supervisor:
Prof. Brian
Richardson
Prof. Phylissa
Mitchell
Reporting supervisors:
Prof. Doug
Cumming
Prof. Pamela Luecke
Technical supervisor: Michael Todd