RDU Quarry Opponents Appeal, Saying Wake Judge Erred in Allowing Lease of Airport Land
Opponents of a planned stone quarry on Raleigh-Durham International Airport property say a Wake County judge misinterpreted state law when he ruled that the airport’s governing board had the power to lease land for the quarry without consulting the four local governments that own the airport.
Attorneys for the Umstead Coalition, Triangle Off-Road Cyclists or TORC and three individuals have appealed the ruling by Wake Superior Court Judge Graham Shirley II early last month. Shirley agreed with RDU that its governing board did not need to consult with the cities of Raleigh and Durham and Wake and Durham counties before leasing 105 acres near Umstead State Park to Wake Stone Corp.
In a 12-page ruling, Shirley said the airport’s charter and several other provisions of state law give the RDU Airport Authority power to lease the property. The lease, approved last March, allows Wake Stone to mine the land between Reedy Creek Road and Crabtree Creek for 24 years, with options to extend the least another decade.
In their appeal, opponents argue that RDU must seek approval of the local governments under a provision of state law governing boards created by two or more municipalities. That section of law includes a provision that bars airports from disposing of non-aeronautical property “by sale, or otherwise, except by authority of the appointed governing bodies.”
“Litigation is only one means by which we can fix this mistake,” David Anderson, a TORC board member, said in a statement. “I’m thrilled by the broad-based support for protecting Umstead State Park, and want to encourage people to stick with this effort as we push for a better alternative that doesn’t place a new quarry pit on the park border.”
In his ruling, Shirley said RDU’s charter, written and approved by the General Assembly in 1939 and later updated, gives it powers that exceed those spelled out in the section of state law cited by quarry opponents.
RDU spokeswoman Stephanie Hawco said airport officials don’t think Shirley’s decision will be overturned.
“This matter has already been decided in court, and we are confident that the ruling in favor of RDU will be upheld,” Hawco said in a statement.
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