Appeal being filed to challenge Rivian decision

MORGAN COUNTY

Following a Jan. 2 ruling by Ocmulgee Judicial Circuit Judge Stephen A. Bradley that dismissed a lawsuit that could have halted development for an electric vehicle manufacturing plant for Rivian, the plaintiffs have appealed.

The property is known as Stanton Springs North along I-20 and includes parts of Morgan and Walton counties, but the size of the project – a $5 billion investment with a reported 7,500 jobs on the 1,800-acre site – will have regional impacts on housing and employment if the plant is successful.

The original lawsuit brought by Edward Clay, Candace Beam, Alan D. Jenkins, Felton Jenkins III, Deborah Crowe, and James Gunn went before the Superior Court on Nov. 17, 2023. The defendants – Morgan County, State of Georgia, and Joint Development Authority of Jasper, Morgan, Newton, and Walton Counties (JDA) –filed motions to dismiss the civil action.

The notice of appeal filed on Jan. 30 in Morgan County Superior Court gives little detail of the appeal and only serves as a notice that –as far as the plaintiffs are concerned –the case isn’t over.

According to a recent article in the Atlanta Journal-Constitution, this legal action has delayed construction. The factory that was expected to open in 2024 has been pushed back to 2025, but grading work is underway at the site.

Like the case in Morgan County, a similar case filed in Fulton County in reference to the zoning is unresolved as the plaintiffs have been ordered to pay a $365,000 bond due to what defendants call the “frivolous nature” of the lawsuit.

At issue for residents is the takeover of the property by the State of Georgia, which would circumvent local zoning ordinances.

Bradley finished his decision by stating, “While the court may be sympathetic to local landowners adversely affected by the Rivian project, it is compelled to follow existing law. The General Assembly and the Supreme Court have declared that this type of economic development is valuable and, by not waiving sovereign immunity, outside the reach of local land use regulations.”

Rivian marches forward

Rivian has plans to build a new crossover EV at the Stanton Springs facility known as the R2, according to social media that has boasted an announcement coming March 7.

The R1T truck, the R1S SUV, and an electric delivery van are currently being produced at a Rivian factory in Illinois, but many have pointed out that Rivian has yet to turn a quarterly profit and faces stiff competition from manufacturers such as Tesla.

Rivian produced 57,000 vehicles in 2023, according to NASDAQ, up from just 1,000 vehicles in 2021.

According to the same NASDAQ article, the first phase of construction in Georgia will increase total output by 200,000 units in 2026, with eventual increases to 400,000.

Consumers have a more optimistic view. In a Consumer Reports survey, Rivian was the only vehicle that reached a rating of 5 out of 5, showing that 86% of its readers would buy another Rivian EV.

Tesla came in at a ranking of 4 with 74%, similar to BMW and Porsche at 76%.