By allowing ads to appear on this site, you support the local businesses who, in turn, support great journalism.
Court dismisses Rivian zoning challenge
Rivian site
The Rivian site is shown in this photo from February 2023. - photo by Special Photo

GEORGIA – A court in Morgan County has dismissed a zoning challenge brought forth by a group of concerned citizens against the electric vehicle startup, Rivian.

The ruling handed down on Tuesday will allow Rivian to move forward with their plan on building its 16-million-square-foot facility on 1,800 acres in the Stanton Springs area.

Plaintiffs in the hearing were a group of landowners/residents in Morgan County who claimed the construction efforts brought forth by Rivian are “continuing to cause disruptions to their land,” per the ruling. 

The group also claimed that due to the sites’ agriculture-residential zoning designation, Rivian could not move forward in compliance with the Morgan zoning ordinances.

Listed as the defendants were Morgan County, the state of Georgia, Plateau Excavation Inc. and the Joint Development Authority (JDA) – the board of officials between Jasper, Newton, Morgan and Walton counties that have leased the land to Rivian. 

The defendants asked the court to dismiss the suit due to it being “a second, and therefore prohibited, public lawsuit on the same topic,” per the ruling. Additionally, the defense claims that due to the site being state-owned, the property would be exempt from local zoning regulations.

After the court first heard the case on Nov. 17, Superior Court Judge Stephen Bradley opted to dismiss the case, stating that the economic development ability of this magnitude is “valuable” – as well as stating that local zoning ordinances do not apply to the state project.

“While the Court may be sympathetic to local landowners adversely affected by the Rivian Project, it is compelled to follow existing law,” Bradley wrote in the official ruling. “The General Assembly and the Supreme Court have clearly declared that this type of economic endeavor is valuable and, by not waiving sovereign immunity, outside of the reach of local land use regulations.

“Accordingly, because the Morgan County land use codes, ordinances or regulations cannot be enforced against the Rivian project property, the Plaintiff's amended and restated complaint fails to state a claim upon which relief can be granted.”

Following the ruling, the JDA released a joint statement with the Georgia Economic Development affirming their optimism towards the future following the ruling.

“Judge Bradley’s latest ruling reaffirmed what the State and JDA have long maintained: State-owned property is not subject to local zoning regulations,” read the joint statement. “The State, JDA, and more importantly, taxpaying Georgians have again prevailed in overcoming the latest attempt by a few individuals who are committed to opposing this generational project that will benefit countless Georgians. It is a new year, and this ruling is a defining new chapter as we look towards a bright future of success with Rivian.”