Hall County is demanding a jury trial in a West Hall subdivision’s appeal of the Board of Commissioners’ Oct. 13 rezoning vote allowing Mincey Marble to build a nearby 100,750-square-foot plant.
The government states as much in the county’s 15-page response to the appeal, which was filed in Hall Superior Court by Cumberland on Lanier Owners Association.
Cumberland on Lanier is a gated subdivision off Browns Bridge Road, not far from Mincey’s current operations at 4321 Browns Bridge Road.
Hall’s response was filed Dec. 30 by Freeman, Mathis and Gary, the county’s Cobb County insurance defense firm, and county attorney Bill Blalock.
The response denies allegations in Cumberland on Lanier’s complaint, including that the association will be “harmed by the rezoning decision” and that the “area surrounding and including the property should be residential in character.”
The county’s Comprehensive Land Use Plan “speaks for itself and (the county denies) any allegations inconsistent with the clear language of that document,” the response states.
Hall also denies that the proposed development “will add to the general congestion of the surrounding residential community.”
The project was a polarizing issue, drawing both huge opposition and support.
The Oct. 13 meeting was so crowded county officials directed residents to an overflow room. Some 300 people ended up filling up the commission meeting room, with the crowd about evenly divided for and against the rezoning.
The commission’s vote allowed the plant’s construction on 11 acres across from current operations.
Mincey, which was founded nearly 40 years ago at its current location, has said the new facility — on land it has owned for years — would modernize operations.
“We would be better able to manage our emissions, there would be no increase in traffic and we’d be enhancing the Browns Bridge Road corridor,” company President Donna Mincey has said.
Residents’ objections included concerns over styrene odors emitted from the plant and their possible adverse health effects, traffic on the already busy Browns Bridge Road and lowering property values.
One of the overriding concerns was that the new plant simply didn’t fit in a residential neighborhood.