Maymead files lawsuit against Alleghany

The Alleghany County Board of Commissioners voted Tuesday night to hire Thomas E. Terrell Jr. of Smith Moore LLP of Greensboro to represent the county in a lawsuit filed by Maymead Materials Inc.

Maymead filed the suit on Jan. 5 through its attorneys, Robin Tatum Currin and Louis B. Meyer II of Poyner & Spruill LLP of Raleigh. The suit states that Maymead is a Tennessee company doing business in North Carolina, with its principal base in Mountain City, Tenn.

Maymead received an air quality permit to open the business on Dec. 22, 2005 after first making application on Aug. 1, 2005.

The suit states that Maymead owns 7.319 acres in Laurel Springs at 11995 N.C. Highway 18. That is the address of the former Laurel Springs School.

The suit states that the county’s High Impact Land Use/Polluting Industries Ordinance (PIO) is illegal, void and of no effect and that the county’s decision that Maymead’s application for a building permit to construct an asphalt plant was incomplete due to the PIO’s requirements is illegal and that the company has a vested right to have its application for a permit reviewed and approved without consideration of the PIO.

The lawsuit seeks a ‘Writ of Mandamus’ to order the county to review and approve the company’s application for a building permit to construct an asphalt plant on its property. Finally, the suit seeks damages from the county in excess of $10,000.

In addition, the suit notes that the company inquired with County Planner Amy Pardue about the existence of zoning ordinances or land use ordinances that might apply for a company constructing an asphalt plant in ‘spring of 2005.’ Pardue wrote back to the company in June to note that no zoning ordinance was in effect.

The suit notes that during the summer of 2005, Maymead agreed with the owner of the property in Laurel Springs to purchase it and use it for an asphalt plant.

On July 21, 2005 the company printed a notice of construction prior to the receipt of an air permit in the newspaper. On or about Aug. 1, 2005 the company applied for an air permit.

Meanwhile, on July 21, County Manager Don Adams wrote an e-mail to the county attorney noting that the notice had been printed in The Alleghany News and adding that “These people were just ran out of Ashe County. Our Board is likely to bring this up at the next meeting. The Board can put moratoriums on projects. We need to be able to explain options to the Board if they wish to address this,” said the suit. The suit further noted that Maymead has never attempted to construct a plant in Ashe County.

Then on July 27, 2005, Pardue wrote to Maymead and requested specific information concerning the proposed asphalt plant to be located in Laurel Springs, the suit states.

The suit then notes that the commissioners passed a moratorium on polluting industries on Aug. 1 after asphalt plant discussions was added to the agenda.

The suit then notes that the commissioners passed their second moratorium on the issue at their meeting Sept. 13.

The company officially closed on the property on Oct. 24, 2005 in a transaction with the owner, Roderick Lynwood Cate, files at the Alleghany Register of Deeds show.

On Nov. 8, 2005 the commissioners agreed to pass the High Impact Land Use/Polluting Industries Ordinance.

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