DOBBINS HEIGHTS — One of the municipalities opposing a Richmond County biochar plant is back in the fight.
The North Carolina Court of Appeals on Tuesday reversed a previous decision, allowing Dobbins Heights to again pursue action — along with the city of Hamlet and two families — against the county government for a rezoning that allowed the location for International Tie Disposal.
“Because Plaintiff made sufficient allegations to establish standing to bring a declaratory judgment action and did not need to further plead special damages, we reverse the trial court’s order as is applied,” Judge Donna Stroud wrote in an opinion, concurred by appellate judges John Tyson and Valerie Zachary.
The two municipalities joined co-plaintiffs Chad and Lisa Gardner and Lonnie and Hope Norton in a legal complaint against the Richmond County Board of Commissioners on Dec. 3, 2020, following a 2-4 vote the previous October on a rezoning request brought by CSX Transportation on a piece of property owned by the company off Marks Creek Road north of Hamlet.
The two families expressed concerns over financial loss, pollution and other effects on the environment. Likewise, the two municipalities’ issues included the effect on the local water supply and air quality.
Since the complaint was filed, the N.C. Department of Environmental Quality has issued both an air quality permit (2021) and a stormwater permit (2024).
Dobbins Heights was initially dismissed from the lawsuit in May 2021 by Richmond County Superior Court Judge Dawn Layton for lack of standing. The town appealed the following July. However, that was dismissed by the state appellate court in 2023.
Last October, the N.C. Supreme Court reversed the decision saying the town “articulated a sufficient factual basis to support appellate jurisdiction” and the Court of Appeals “erred” in its dismissal.
In August 2023, Jeff Smart, then-chairman of the Board of Commissioners, said if the lawsuit persisted past Jan. 21, 2024, the county would use agreed-upon funds to those municipalities (following an agreement resulting from a sales tax distribution change) to pay legal expenses.
At that time, Smart said the county had spent more than $200,000 in legal fees in connection to the lawsuit.
Dobbins Heights is being represented in the lawsuit by Brady Herman of The Brough Law Firm in Chapel Hill, and Hamlet City Attorney T.C. Morphis. The county is represented by Henry Kitchin Jr. of McGuireWoods.
The case has been remanded back to the trial court.
