On Feb 23, 2022 Solid Solutions filed a civil action in Haralson County Superior Court to prohibit the Board of Commissioners from taking any action or decision on the Solid Solutions landfill rezoning request on the grounds that the Haralson Co Zoning Ordinance of 1998 (amended in 2004) is “invalid and unenforceable” because it did not legally incorporate “official zoning maps.”
A COURT HEARING is scheduled for tomorrow morning (Tuesday, March 1, 2022, 10:00 am), at the Haralson County Courthouse, 4485 GA-120, Buchanan, GA 30113, to be heard by Superior Court Judge David T. Emerson. The hearing is open to the public. If you plan to attend, we recommend that you arrive early to go through stringent security, and we also recommend that you bring a mask, in case the county requires one.
A copy of the Solid Solutions case is attached herein. We have highlighted key points of the document.
In their complaint, Solid Solutions contends that Haralson County’s existing zoning ordinance from 1998 (amended in 2004) is invalid, null and void, because it does not legally incorporate any “Official Zoning Maps” (pg 8), and consequently, that any decision by the Board of Commissioners with respect to the rezoning application would be of “no legal effect” (pg 9). Further, Solid Solutions contends the Board of Commissioners does not have the lawful authority to regulate Solid Solutions’ property rights under the current “invalid” zoning ordinance (pgs 10, 12, and 13). For these reasons, Solid Solutions contends it has a legal right to develop subject property as a landfill and industrial park, and that the Board of Commissioners cannot deny Solid Solutions a certificate of land use compliance, and that Solid Solutions should be allowed to proceed to apply for a State of Georgia landfill permit (pages 15 and 16).
The Haralson Alliance believes this is clearly an attempt at intimidation to our County officials. Our attorney tells us that restraining orders are only granted when there is an “imminent threat of irreparable harm.” We believe that the Court should not grant a restraining order in this case because this situation is not one of irreparable harm to Solid Solutions. The vote could still go either way and Solid Solutions would be able to appeal after a vote and have the same arguments next week as they do today regarding the ordinance.
By filing this action, Solid Solutions has removed any shred of remaining doubt about whether it would be a good neighbor in Haralson County. Instead, they are attempting to intimidate Commissioners and seeking to circumvent and undermine the innately democratic process of analysis, review, and public input established by Haralson County’s valid rezoning processes.
Unless the Court orders the vote stopped or delayed, the Board of Commissioners is scheduled to vote on the Landfill tomorrow night (Tuesday, March 1, 2022, 6:00 pm), at the Haralson County Rec Gym, 25 Recreation Lane, Buchanan GA.
We will update on the outcome of the Court decision as soon as we have that information.