Commission urges mayor to deny grandfathering for SRM and Jones Brothers quarries after residents’ objections

The DeKalb County Commission voted to recommend that the county mayor deny grandfathering for SRM and Jones Brothers quarries, following extended public comment accusing the companies of operating without required permits and of posing health, safety and traffic risks to nearby neighborhoods.

The recommendation, made by a commissioner and approved in a roll-call vote, is advisory; the mayor retains the formal decision-making authority under the County Powers Act. The commission also voted to ask the county attorney to forward the commission’s materials to a Nashville law firm for a legal opinion.

Residents who live near the sites pressed the commission to enforce the county’s October 28, 2024, County Powers Act rather than allow the operations to be treated as grandfathered. Doug Walter, who said he lives in the area, told commissioners that SRM had “repeated violations at the quarry, lack of and lack of required permits and licenses,” and said the company had been ordered by state authorities to cease operations multiple times. Barbara Voutay said, “If you accept SRM’s application as is, you’re giving them the right to operate and negate any opportunity to enforce the act in the future.”

Speakers cited permit timelines discussed at the meeting: SRM’s Mine Safety and Health Administration and air-quality permits were listed in the company’s application as having dates in August 2024, while speakers said the Tennessee Department of Environment and Conservation (TDEC) water-discharge permit was not issued until June 25, 2025. Commenters argued that missing state or TDOT driveway permits at the time the County Powers Act took effect should disqualify an operation from being grandfathered. As one resident put it, companies that “have not obtained all required permits and are operating illegally” should not be grandfathered.

Speakers repeatedly referenced the pending Tennessee Supreme Court decision in Grundy County v. Tinsley (the “Tinsley case”), saying the state court’s ruling could affect how the County Powers Act is enforced. Several residents urged the commission to delay action until the Supreme Court decides; others said local enforcement should proceed now to protect neighbors. The commission’s advisory recommendation to the mayor was explicit: commissioners asked the mayor to deny grandfathering for both SRM and Jones Brothers on the basis that the companies did not meet the County Powers Act requirements.

The vote was recorded by roll call. The transcript lists the following votes on the advisory resolution: Tony Colwell — yes; Sabrina Farler — yes; Jeff Barnes — no; Daniel Cripps — yes; Brandon Donnell — yes; Glenn Merriman — yes; Mathias Anderson — yes; Andy Pack — no; Greg Matthews — no; Myra Nody — yes; Beth Papert — yes; Larry Green — yes; Tony Luna — abstain; Tom Chandler — yes. The tally recorded in the meeting transcript was 10 yes, 3 no, 1 abstain; the motion passed.

Commissioners and some residents noted the legal and political trade-offs: one commissioner said the county should enforce the law it passed to protect residents, while another warned that the mayor has statutory discretion under the County Powers Act and that legal costs might follow. The commission then voted to have the county attorney forward the commission’s materials to an outside Nashville law firm for a formal opinion about next steps; that motion passed in a separate roll-call vote.

Ending: The commission’s recommendation is advisory; the mayor must formally accept or reject it under the County Powers Act. Commissioners also asked the county attorney for an outside legal opinion to clarify legal exposure and enforcement options. No final permit determinations were made during the meeting; the immediate formal action was the advisory vote and the request for outside counsel review.