By Billy Davis

Panola County supervisors have upheld by default a decision by the county land commission, when supervisors voted 2-2 Monday to turn down an appeal from Memphis Stone and Gravel Co.

The split decision means the county board failed to overturn the land commission, board attorney Bill McKenzie explained after the vote. 

Because the split vote sides with the land commission, Memphis Stone would be required to file an appeal in circuit court, McKenzie told a reporter after the meeting.

Circuit court has become a familiar destination for zoning matters in Panola County in recent years, and parties involved in the Memphis Stone appeal have said whomever lost Monday is likely to appeal.

Memphis Stone is seeking a special exception permit from the county to operate a gravel mining operation in the Eureka community in an area zoned agricultural.

The county land commission, citing safety concerns and zoning edicts, turned down the request in May, setting up Monday’s appeal.

Supervisors Kelly Morris and Vernice Avant voted for Morris’ motion against Memphis Stone. The two “nay” votes came from Gary Thompson and James Birge.

Supervisor Bubba Waldrup, in a surprise move, announced that he was recusing himself from the pending vote.

Waldrup, who left the meeting, made his announcement immediately after Thompson, who serves as board president, entertained a motion from the board.

McKenzie then explained that a member of Waldrup’s family owns property that had been under permit from Memphis Stone.

The permit has since expired but Waldrup “felt it best to recuse himself,” McKenzie said.

The land is located on Morrow Road, where a sign indicates permit number P00-061 for 154 acres of land.

Waldrup told a reporter last Friday that the contract with Memphis Stone and his father, J.E. Waldrup, dated back to 1999. The contract has since expired, he said.

Memphis Stone vice president Alan Parks, also reached last Friday, said the permit for the property had expired.

Asked if Memphis Stone had recently discussed the Waldrup property with Bubba Waldrup, Parks said, “No, I don’t recall anything of that nature.”

After Waldrup left the room, Thompson sought a motion from the remaining three supervisors. Morris then made a motion to deny the request.

Avant then seconded the motion, and Thompson sought a vote. But Morris interrupted to ask if the board intended to discuss the zoning issue.

“I’d like to discuss it,” said Morris, whose county district includes the proposed gravel mining site.

Morris then explained that he was concerned about public safety on Good Hope and Eureka roads, and he believed the board should back the land commission in order to adhere to current zoning rules.

He recalled a warning from Parks, who had told supervisors he feared a vote against Memphis Stone would “set a precedent” for future gravel operations in the county.

“What kind of precedent are we setting for the next zoning issue if we go against the land commission?” Morris asked rhetorically.

Morris also disclosed that he had visited J J Ranch Road in Tate County, where Memphis Stone operates a plant, during the weekend.

The road is in rough shape, he said.

Attorney John Lamar, representing citizens opposed to the Eureka gravel mine, had told supervisors that Memphis Stone failed to honor an agreement with Tate County government to improve the road.

Memphis Stone has responded that a competitor disrupted the agreement.

“Memphis Stone was looking for some way to get around its agreement,” Morris said Monday, after he conferred with a Tate County supervisor.

 He also asked rhetorically why Memphis Stone had failed to improve Farrish Gravel Road, where it operates a gravel pit.

After Morris’ lengthy monologue, no one else spoke in response and Thompson then asked for a vote tally. 

After the vote, board attorney Bill McKenzie huddled with Lamar and Memphis Stone attorney Pat Lancaster regarding the issue of the tie vote. He returned to explain the legal opinion of all three attorneys – the tie vote meant Memphis Stone had lost its appeal.