Could 31, 2025
By: Dwayne Web page
Oral arguments in the case of Tinsley Properties, LLC and others versus Grundy County over provisions of a county powers act there have been heard on the Tennessee Supreme Court Thursday. No ruling is predicted instantly however the courtroom’s resolution could possibly be vital not solely for Grundy County however DeKalb County and maybe statewide with comparable County Powers Act points.
In October, 2024 the DeKalb County Fee adopted a County Powers Act patterned after Grundy County’s decision which, amongst different provisions, established a 5,000 foot minimal distance requirement between such operations as rock quarries and residences, church buildings, colleges, and so on.
Tinsley Properties, LLC, a quarry firm, filed a lawsuit towards Grundy County in Chancery Court and in September, 2022 the Chancellor there sided with the county. The ruling was appealed and upheld. Now it’s made it to the state supreme courtroom.
Particularly, the Grundy County case issues the validity of a county decision prohibiting quarries and rock crushers inside 5 thousand (5,000) toes of a residence, faculty, licensed daycare facility, park, recreation heart, church, retail, business, skilled or industrial institution. The plaintiff landowners (Tinsley) argued that the county did not adjust to the necessities in Tennessee’s county zoning statute, Tennessee Code Annotated 13-7-101 to -115. Within the different, they argued that state legislation expressly preempted native regulation of quarries. Nevertheless, the county argued that it was exercising its authority to guard its residents’ well being, security, and welfare below the county powers statute, Tennessee Code Annotated 5-1-118. The trial courtroom granted abstract judgment to the county on the bottom that it had no complete zoning plan. This attraction adopted.
In April, County Lawyer Hilton Conger knowledgeable the DeKalb County fee in regards to the Grundy County case and urged all to go surfing to view the oral arguments earlier than the state supreme courtroom (Could 29) particularly because the points are so much like DeKalb County’s County Powers Act.
Beneath the regulatory decision, which was authorized by the county fee on October 28 “No quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, grownup leisure, or methadone clinic could also be positioned inside 5,000 toes of a residence, faculty, licensed daycare facility, park, recreation heart, church, retail, business, skilled, or industrial institution. Measurements shall be taken from the closest recorded property line of the enterprise to the closest property line or boundary of the foregoing”.
(Your complete precise regulatory decision as adopted by the DeKalb County Fee is as follows:)
A Decision of the Board of Commissioners of DeKalb County, Tennessee to control Quarries, Rock Crushers, Gravel Pits, Cryptocurrency Mining, Landfills, Grownup Leisure and Methadone Clinics.
Part 1. Function
It’s the function of this decision to control the operation and placement of rock crushers and/or quarries, gravel pits, cryptocurrency mining, landfills, grownup leisure and methadone clinics in the unincorporated areas of DeKalb County, Tennessee in order to advertise the well being, security, financial improvement and the unincorporated areas of DeKalb County, Tennessee.
Part II. Definitions
The next definitions shall apply in the interpretation and enforcement of this Decision:
(a) Blasting. The time period “blasting” shall denote a way of loosening, transferring or shattering lots of strong matter by use of explosive compounds to organize stone for crushing, constructing stone or different functions.
(b) Clerk means the County Clerk of DeKalb County, Tennessee.
(c) Fee means the Board of County Commissioners of DeKalb County, Tennessee, which is the legislative physique of DeKalb County, Tennessee.
(d) County means DeKalb County, Tennessee.
(e) Gravel Pit. The time period “gravel pit” shall imply any exercise or enterprise, the aim of which is to take away naturally occurring deposits of sand and gravel from the earth by excavating together with topsoil and overburden elimination.
(f) Individual. The phrase “individual” shall imply any particular person, associate, company, firm, trustee or affiliation, along with the respective servants, brokers and workers thereof.
(g) Quarry. The time period “quarry” shall imply exercise or enterprise, the aim of which is to take away rock materials from the earth by blasting and/or excavating together with topsoil and overburden elimination.
(h) Residence means a spot, in which an individual lives or resides; a construction serving as a dwelling or dwelling quarters. Residence contains however just isn’t restricted to single-family and a number of household dwelling models together with with out limitation, homes, condominium buildings, condominiums, dormitories and cell and modular houses.
(i) Rock-Crusher. A rock crusher shall imply any system, machine, equipment or gear used both individually or in conjunction with every other system, machine, equipment or gear for the aim of crushing, grinding, breaking or pulverizing rock or stone.
(j) Rock Crushing. Operation of a rock crusher.
(okay) Web site. The time period “website” shall imply any individually described parcel of land with a person actual property tax, map and parcel quantity.
(j) Grownup Leisure. Any leisure that’s supposed to be considered by adults solely. It refers to actions involving the direct provision of intercourse associated companies, akin to prostitution, strip golf equipment, and intercourse associated pastimes like pornography and intercourse motion pictures. It could additionally embody the exhibition or efficiency of specified sexual actions or the publicity of specified anatomical areas.
(okay) Cryptocurrency Mining. A course of that validates transactions and provides them to a blockchain.
(l) Blockchain. A course of in cryptocurrency mining that provides a hyperlink to every block of transactions to kind a series. Every block incorporates a set quantity of cryptocurrency.
(m) Ledger Information the creation and motion of cash in the blockchain.
(n) DIY Supercomputers. A high-speed pc or collection of computer systems used to mine bitcoins.
(o) Excessive Decibel Noise. Sound which ranges in a degree from 75-95 decibels. Regular human listening to vary is 0-20 decibels.
(p) Landfill. A system of trash and rubbish disposal.
(q) Methadone Clinic. A remedy heart for opioid dependancy utilizing however not restricted to Methadone and Suboxone.
Part III. Software for License
No individual shall function a quarry, rock crusher/ gravel pit, Cryptocurrency mining, landfills, grownup leisure and methadone clinic with out first acquiring the next from the County Clerk of DeKalb County Tennessee an ordinary Enterprise License and a allow for the operation of a quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, grownup leisure or methadone clinic
All state and or federal permits required and essential to function such an enterprise or exercise concerning a quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, grownup leisure or methadone clinic shall be a prerequisite earlier than acquiring an preliminary allow or enterprise license to function such an enterprise or exercise from the County Clerk.
An applicant for a license shall furnish the next to the County Clerk in order to use for a Allow to function a quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, grownup leisure or methadone clinic:
(a) An software for a enterprise license or allow to function a quarry, gravel pit, or rock crusher,
cryptocurrency mine, landfill, grownup leisure or methadone clinic.
(b) A replica of the Allow issued by the State of Tennessee for the applicant to function a quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, grownup leisure or methadone clinic on the proposed website of the quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, grownup leisure or methadone clinic, for which the applicant is in search of the allow;
(c) A replica of the applicant’s deed or lease to the property on which the quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, grownup leisure or methadone clinic is proposed to be operated.
(d) A map which exhibits the bodily extent of the quarry or gravel pit operation, cryptocurrency mine, landfill, grownup leisure or methadone clinic as to space and depth, together with an outline of the act cryptocurrency mine, landfill, grownup leisure or methadone clinic together with actions to be performed on the property; and
(e) A non-refundable software payment of $150.00.
Upon receiving the foregoing data, the County Clerk will ahead it to the Workplace of the County Mayor, who will decide whether or not the location of the proposed quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, grownup leisure or methadone clinic meets the placement necessities offered for in this Decision and report his/her findings to the County Clerk inside ten (10) days.
(f) If a company or firm is exempted by the state of Tennessee from requiring a enterprise license or allow, the company or firm should nonetheless adjust to the space necessities in Part VIII of this decision.
SECTION IV – ISSUANCE OF LICENSE.
If the Mayor’s findings affirm that the location of the proposed quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, grownup leisure or methadone clinic meets the placement necessities, the County Clerk shall forthwith problem the usual Enterprise License and Allow to quarry, rock crusher or gravel pit cryptocurrency mine, landfill, grownup leisure or methadone clinic.
If the Mayor’s findings replicate that the location of the proposed quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, grownup leisure or methadone clinic doesn’t meet the placement necessities, the County Clerk shall inside ten (10) days notify the applicant that the appliance have to be denied as a result of failure of the proposed website to fulfill the placement necessities.
SECTION V – FEES.
- Software Price for Allow to Function a Quarry, Rock Crusher or Gravel Pit, Cryptocurrency Mine, Landfill, Grownup Leisure or Methadone Clinic. A non-refundable payment of $150.00 shall be paid to the clerk on the time of submitting the appliance and required accompanying supplies.
- Preliminary Price for Allow to Function a Quarry, Rock Crusher or Gravel Pit, Cryptocurrency Mine, Landfill, Grownup Leisure or Methadone clinic. If the license is granted, the applicant shall pay an preliminary license payment of $100.00.
- Renewal Price for License to Function a Quarry, Rock Crusher or Gravel Pit, Cryptocurrency Mine, Landfill, Grownup Leisure or Methadone Clinic an annual payment of $100.00 shall be required to resume a Allow to function a quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, grownup leisure or methadone clinic.
- . The failure to pay the annual renewal payment shall not represent a forfeiture or floor for revocation of any Allow granted below this Decision offered such failure is rectified upon notification by the County Mayor.
The foregoing charges shall be in addition to the charges required for an ordinary Enterprise License.
SECTION VI – ADMINISTRATIVE PROCEDURE AND REVIEW
- As used in this part, “software” means: An software for a Allow to function a quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, grownup leisure or methadone clinic.
- At any time when an software is denied, the County Clerk shall notify the applicant in writing of the explanations for such motion; such discover shall additionally advise the applicant of the applicant’s proper to request a listening to earlier than the County Fee.
- If the applicant needs to request a listening to earlier than the County Fee to contest the denial of an software, such request shall be made in writing to the County Mayor inside ten (10) days of the applicant’s receipt of the notification of the denial of the appliance. If the applicant well timed requests such a listening to, a public listening to shall be earlier than the County Fee on the subsequent commonly scheduled County Fee assembly, which is at the very least ten (10) days from the date the request for listening to is obtained in the Mayor’s Workplace.
SECTION VII- APPLICABILITY OF RESOLUTION TO EXISTING BUSINESSES/GRANDFATHER CLAUSE.
The gap necessities set forth in Part VIII of this Decision shall not apply to quarries, rock crushers or gravel pits, cryptocurrency mine, landfill, grownup leisure or methadone clinics in existence and in operation on October 28, 2024. Such quarries, rock crushers or gravel pits, cryptocurrency mine, landfill, grownup leisure or methadone clinic might proceed to function on the website the place they’re positioned on October 28, 2024. The homeowners of such quarries, rock crushers or gravel pits, cryptocurrency mine, landfill, grownup leisure or methadone clinic in existence and in operation on October 28, 2024 will (i) pay the annual payment for a Allow to function such enterprises as offered in Part V of this Decision; (ii) proceed to keep up such quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, grownup leisure or methadone clinic in lively operation on the website the place it’s at the moment positioned; and (iii) submit an software to the County Clerk to proceed the operation of the quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, grownup leisure or methadone clinic, accompanied with a map which exhibits the bodily extent of the quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, grownup leisure or methadone clinic, operation as to the realm, together with a written description of the present actions being performed on the property and the placement the place the present actions are going down.
The grandfather safety offered in Part VII applies solely to the location the place the present quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, grownup leisure or methadone clinic was in operation on October 28, 2024. The grandfather safety offered by this Part VII is probably not transferred or used to function a quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, grownup leisure or methadone clinic. at any website or location aside from the location or location the place the quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, grownup leisure or methadone clinic is at the moment in operation.
The grandfather safety offered by Part VII shall be forfeited solely for the failure to proceed to keep up such quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, grownup leisure or methadone clinic in lively operation on the website the place it’s at the moment positioned for a interval of thirty consecutive days. Failure to pay the annual payment, submit an software, map and/or description of actions shall not represent a forfeiture of the grandfather safety offered by this Part VII offered such failure is rectified upon notification by the County Mayor. Likewise, failure to pay the annual renewal payment shall not represent a forfeiture of any Allow granted below this Decision offered such failure is rectified upon notification by the County Mayor.
SECTION VIII – PERMITTED LOCATIONS
Besides as in any other case proscribed in this Part VIII, quarries, rock crushers and gravel pits, cryptocurrency mine, landfill, grownup leisure or methadone clinic could also be positioned in unincorporated areas of DeKalb County, Tennessee.
(B) No quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, grownup leisure or methadone clinic could also be positioned inside 5 thousand (5,000) toes of a residence, faculty, licensed daycare facility, park, recreation heart, church, retail, business, skilled or industrial institution. Measurements shall be taken from the closest recorded property line of the enterprise to the closest property line or boundary of the foregoing.
SECTION IX – SEVERABILITY
If any provision of this decision is deemed invalid or unconstitutional by a courtroom of competent jurisdiction, such invalidity or unconstitutionality shall not have an effect on the opposite provisions of this Decision.
SECTION X – APPLICABILITY
- This decision shall apply solely in the unincorporated areas of the county.
- Nothing in this decision could also be construed to as prohibiting or in any manner impeding any included municipality in the county from exercising any energy or authority the municipality might lawfully train, together with the regulation of sexually oriented companies.
- Nothing in this decision shall preempt an ordinance, regulation, restriction or license that was lawfully adopted or issued by any included municipality in the county previous to the enactment of this decision, or stop or preempt any included municipality in the county from enacting and implementing in the long run different lawful and affordable restrictions, laws, licensing, zoning or different civil or administrative provisions in regards to the location, configuration, code compliance or different enterprise operations or necessities to function a quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, grownup leisure or methadone clinic.
This Decision shall take impact instantly upon its passage by a two-thirds vote of the Fee, the general public welfare requiring it.
