The Rainbow Trail asphalt plant is now renewing its attempt to build in the middle of a neighborhood and dangerously near local schools. Citizens are gathering to support our county commissioners in finding whatever means possible to stop this asphalt plant.
Folks, we’ve just gotten some bad news. In an opinion written by Judge Phil Berger, Jr., the North Carolina Appellate Court has ruled that Carolyn and Randall Henion have no standing in the case against Maymead.
The Court’s suggestion that there is no harm to a family when a new asphalt plant is built on the adjacent property is astonishing. Of course, there is harm. The Watauga County Board of Adjustments recognized the harm and granted the Henion's standing. We are disappointed to see the NC Court of Appeals ignored the evidence presented by the Henions’ to support their standing in this case.
We also are alarmed by the factual inaccuracies contained in the ruling. Here is an example from Judge Berger’s ruling:
"On June 20, 2011, Maymead Materials, Inc. and JW Hampton Company, which both provide asphalt for road construction and are controlled by the Hamptons, were issued permits for the construction of an asphalt plant, including the requisite Land Use Permit."
Contrary to the ruling, Maymead is a Tennessee-based company that is independently owned, not in any way “controlled” by the Hamptons; the JW Hampton Company is engaged in the crusher/recycling business, not asphalt production (there has never been an asphalt plant at that location); and the 2011 HILU permit was issued in the name of one individual, no one else.
We were shocked to see this ruling include multiple factual inaccuracies about the permit ownership and land-use - central issues in this common law vested rights case. One local attorney commented that, “all politics aside, this is one of the worst written findings I have ever read.”
The Henion's asked that we communicate the following on their behalf:
“Although we are very disappointed we are not dissuaded. We continue to move ahead and ask that you follow with us.
Your support has been crucial to this process. We thank you for your support in attending meetings, donation of funds and your spirit of caring. We will seek to do whatever we can to remedy this decision, but that carries with it ongoing costs. Justice does not always prevail but it must always be our goal.”
Please do what you can to continue to support their efforts by donating to their Go Fund Me site at:
Read more about this local issue and how the community is responding
7/7 HCPress- Commissioners approve 750ft setbacks
6/30 Watauga Dem. Maymead Will Appeal
6/25 HC Press - 40 day Moratorium includes Maymead
10/16/15 Radford Appeal Denied