A man hell-bent on building a truck stop just outside of Atlanta suffered what was likely the final loss in a 25-year courtroom battle with Rockdale County.
On Wednesday, May 7, the 11th Circuit Court of Appeals denied William Corey’s bid to construct a truck stop off Interstate 50 in Rockdale County. The federal appellate court decision is the culmination of a series of losses at the county, state and federal levels that dates back to the 1990s.
The saga began in 1999, when Corey proposed an amendment to the zoning ordinance in Rockdale County to build a truck stop. His property was zoned as C-2, which permitted convenience stores and gas stations but implicitly prohibited truck stops by not including them on the list of allowed uses.
While the county was considering the proposed amendment, Corey went ahead and applied for a permit to build a travel plaza that would sell fuel for cars and trucks. He argued that a “travel plaza” was not a truck stop, as C-2 ordinances permit the sale of fuel. Rockdale County officials declined to consider his application.
Corey sued the county in state court after his application was denied. After a state court tossed his case, Rockdale County rejected his zoning amendment proposal. Consequently, Corey lost a lease agreement to use his property for a truck stop.
Despite governmental and legal losses, Corey bought more land to expand his property closer to the interstate in hopes of building “a convenience store which sold fuel to automobiles and heavy trucks,” according to court documents. Most notably, not a truck stop.
Rockdale County revised its C-2 zoning ordinance in 2006 to explicitly prohibit truck stops. Dispensing fuel for heavy trucks and/or truck parking was part of the definition of a truck stop.
In 2018, Corey contracted with QuikTrip to construct a “travel plaza,” which would include up to eight diesel pumps, truck scales and 10 truck parking spaces. Rockdale County’s director of planning and development worked with Corey to draft a zoning amendment that would allow “travel plazas.” Although the planning commission recommended adopting the amendment, it was ultimately shot down by the county board in a unanimous decision.
Undeterred by another clear rejection, Corey applied for a construction permit to build the travel plaza the following year. That permit was rejected. Again, Corey took Rockdale County to state court.
During litigation in the second state lawsuit, Rockdale County made another amendment to the zoning ordinance in 2021 to further clarify what constitutes a truck stop. Piling onto the losses, a Georgia state court again dismissed Corey’s lawsuit, which was affirmed by a state appellate court.
Making a federal case out of it
Before the second state lawsuit concluded, Corey took his grievances with Rockdale County to a federal court.
In his federal case, Corey claimed that Rockdale violated the Fifth Amendment’s Taking Clause by depriving him of use of property without compensation. His lawsuit was based on the 2021 zoning amendment enacted during litigation in the state lawsuit. There was one problem: Corey never applied for a permit under the newer 2021 rules.
Corey was denied a permit to build a truck stop in 1999 and 2019. Federal law requires Rockdale County to have formally denied a permit under the 2021 ordinance before Corey could make a Taking Clause claim. He argued that applying a third time would be futile, but a federal district court disagreed.
The lawsuit also argued that the 2021 zoning ordinance was an “arbitrary and irrational legislative act” that deprived Corey of his right to due process.
The district court found that before enacting the ordinance, Rockdale County had evidence that truck stops lead to more crime, environmental pollution, noise, traffic and lower property values. The county also pointed to FBI statistics about human trafficking at truck stops, and residents expressed several concerns.
In his federal lawsuit, Corey attempted to invoke the Equal Protection Clause by arguing that other businesses in the C-2 zone were permitted to operate gas stations that serviced trucks. He submitted pictures of trucks fueling at gas stations. However, those locations did not have separate truck fueling, truck scales, truck parking or wide turning areas like Corey’s proposed travel plaza.
Lastly, Corey asked for injunctive relief in the form of a permit by pointing to the Surface Transportation Assistance Act. That law prohibits a state from enacting a law that could deny truck drivers “reasonable access” to “terminals, facilities for food, fuel, repairs and rest.”
In August 2023, a Georgia federal district court dismissed the case on all claims. Corey appealed the decision, but the 11th Circuit agreed with the district court. He could still petition the Supreme Court, but the odds of it accepting the case are highly unlikely.
Corey has since sold his property, effectively ending his decades-long attempt to build a truck stop in Rockdale County. LL
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