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Ash County moves to implement Supreme Court order in Appalachian Materials permit dispute
Summary
Following a North Carolina Supreme Court ruling, the Ash County Board of Commissioners voted to withdraw its appeal of a water permit and asked counsel to seek a superior court order to issue an asphalt-plant permit if the prevailing party does not act.
The Ash County Board of Commissioners voted April 20 to withdraw the county's pending appeal of a water permit and to ask county counsel to move the superior court to issue an asphalt-plant permit for Appalachian Materials if the company or other prevailing party does not do so.
County Attorney John Kilby said the action followed a North Carolina Supreme Court order that resolved earlier litigation tied to the Planning Board and Appalachian Materials. Kilby told the board the practical effect would be to coordinate the timing for issuing the water permit and the land-use (asphalt plant) permit so related deadlines run concurrently.
Kilby said counsel recommended withdrawing the county’s appeal of the water permit so the period in which the permit holder must act would not delay other administrative steps tied to the asphalt plant permit. The board’s motion combined the two steps: dismiss the county’s appeal of the water permit and instruct counsel to seek a superior-court order to issue the asphalt plant permit if the other parties do not take that step.
Board members moved and seconded the motion; the board called for a voice vote. The minute-to-minute transcript records a motion and second and a call for votes, but does not record a roll-call tally in the record provided.
Several participants and observers were referenced during the discussion. Kilby said his office would coordinate with John Cook, the firm that previously served as lead counsel in the asphalt-plant litigation, and with the private counsel engaged by the county to implement the court’s direction.
Separately, a text message from DJ Cecil, identified in the meeting as the son of the quarry owner, was read into the record expressing that family members were fearful of public reaction. Commissioners and staff urged civility in public communications.
The board’s action implements the court’s direction as described in the meeting; the transcript does not record further legal filings or precise next-step dates. The county attorney said he would coordinate with outside counsel about who would file the superior-court motion and how the filing would be handled.
