CRAWFORD COUNTY, Ga. — Four property owners in Crawford County are suing in hopes of stopping a quarry from opening up shop right next to their homes.
Court filings in the Superior Court of Fulton County – where one of the company’s registered agents is based – cite a range of reasons they want the quarry stopped under Georgia’s nuisance law.
"The Cottondale Quarry operation will prevent the use and enjoyment of the Plaintiff's Properties and thereby cause the Plaintiffs hurt, inconvenience and damage," the lawsuit read.
The lawsuit, filed back in November, against Haiseal Timber and Cottondale Partners claims the quarry would add 200 additional vehicles each day to local streets, would cause dust and debris to spill into nearby properties, it would strain the local water supply along with a slew of other complaints, the lawsuit claims.
All this, they say, in a community many residents moved to for peace, quiet and good hunting.
“The noise from the blasting, rock crushing and transportation operations at the Cottondale Quarry will overwhelm and completely replace the current natural ambient sound,” the lawsuit reads.
They say the equipment used at the quarry would clock in at 140 decibels, which is almost as loud as a rock concert.
Many of the residents, like Rick and Lynn Parsons, moved to Crawford County in hopes of quiet rural living.
“In search of a quiet and secure community, the Parsons moved to Crawford County following Mr. Parsons’ retirement from the military,” the lawsuit reads. “ The Parsons purchased the Parsons Property in July 2014 because the community provided a rural and family focused living environment.”
The attorneys also note that Parsons served six tours of Afghanistan and Iraq where he “experienced explosions from numerous rockets, mortars, and Improvised Explosive Devices (IEDs), as well as exposure to dust,” insinuating that the quarry could evoke some painful memories from his time in the armed services.
However, representatives for Cottondale Partners previously told the Crawford County Commission that many of the neighbor’s concerns are unfounded, and they promised to comply with strict federal guidelines to keep noise levels down.
The project was approved in July after a 3-2 commission vote, which paved the way for the 1,700-acre development to move forward. Hundreds attended the meeting in hopes of stopping the project.
The suit argues the quarry would negatively impact the site's neighbors.
One resident, Randall Tidwall, uses his property for hunting deer, turkey, doves and hogs. However, the suit argues those hunting opportunities will be lost if the project opens up shop.
“The Cottondale Quary will eliminate hunting, fishing, and other recreational activities on much of the Plaintiff’s property,” the suit reads.
The attorney for the property owners, David Marmins, told 13WMAZ that they aren’t hoping to get money from the company. They say the suit’s main goal is to stop the quarry and cover their legal fees.
Haiseal Timber is the owner of the property, and Cottondale Partners is the developer, according to Billie Kitchens with Haiseal. The owners of Haiseal are based in Sweden, so they would not be able to immediately provide comment on the suit, Kitchens says.
Cottondale also did not immediately respond to 13WMAZ’s request for comment.
We will share the companies's comments once they are provided.
Representatives with Cottondale Partners previously said the quarry, which would be mining granite, is considerably less disruptive than quarries mining rocks like limestone.
The law underpinning the lawsuit, the Georgia Nuisance Law, essentially allows a court to step in if something “causes hurt, inconvenience or damage to another,” the statute reads.
Under the law, it does not matter if the act itself is legal. Instead, the law says if it would be considered harmful to “an ordinary, reasonable man,” the courts could stop it.
While the statute is very open-ended, the law says the nuisance cannot be “fanciful" – unrealistic of imaginative – or would "only affect one of fastidious taste,” essentially someone who is very particular and hard to please.
Whether this applies to the Crawford County quarry will have to be determined by the courts.
However, if the nuisance argument fails, the property owners' suit lists 13 requests they hope a judge would impose on the quarry.
Those requests include keeping noise levels below 35 decibels within a half mile of the quarry, which is just above a quiet whisper and just under a quiet library. They also ask the court to only allow the quarry to operate Monday through Saturday, excluding major holidays.
They also ask the court to require the quarry to maintain a series of security measures, the creation of a community board and requiring the quarry to clean all debris from the quarry within a half mile of the site's entrance.
Additionally, they also ask the court only allow the quarry to blast two times a month between 9 a.m. to 3 p.m. along with requiring the quarry to notify property owners within a mile of the site in advance.