Hopkins v. Nash County

BRYANT, Judge.

This is the case of a stump dump denied. Petitioners, Daryl Hopkins and Danny Ray Peele, applied for a special use permit from the Nash County Board of Adjustment (Board) to use land zoned for A-l agricultural purposes as a clay borrow pit and land clearing and inert debris [LCID] landfill. The function of a clay borrow pit is to mine clay from the pit and move it to an off-site location. The pit can then be filled with tree stumps and limbs (thus, a “stump dump”). These are permissible uses for land zoned A-l for agricultural purposes.

The Board denied the permit on 28 August…