Rivian factory critics in Georgia will not have to pay state’s legal fees
The state has ended its effort to try to recoup hundreds of thousands of dollars in legal fees from a group of Georgia residents who unsuccessfully filed multiple lawsuits over Rivian’s planned electric vehicle factory.
The Georgia Department of Economic Development on Friday withdrew from a Fulton County court its last pending request for legal fees from a group of residents opposed to the Rivian project. The withdrawal comes weeks after a separate request for litigation costs was denied by a judge, a ruling the state confirmed this week to The Atlanta Journal-Constitution it will not appeal.
The withdrawal ends a potentially precedent-setting request by state agencies seeking to have resident litigants repay the government’s legal costs after unsuccessful lawsuits, an effort that raised concern among First Amendment activists. It also appears to conclude more than three years of lawsuits between Rivian opponents and the state.
John Christy, the attorney representing the Rivian opponents, has called the governments’ pursuit of fees intimidation. He said the withdrawal puts the topic the rest.
A spokesperson for the Department of Economic Development focused on the forthcoming construction of Rivian’s plant in southern Morgan and Walton counties. Rivian held a groundbreaking ceremony last month to coronate vertical construction that is expected to begin next year.
“While the state reserves the right to seek legal recourse in any unjustified lawsuits of this kind,” the spokesperson said in a statement, “we’re focused on the countless benefits that are coming to the region and state as this generational project creates thousands of good-paying jobs and billions in investment.”
Rivian’s factory plans were first announced in December 2021, and it took only months before the project found itself the focus of lawsuits.
Although advertised as the East Atlanta Mega Site, the 2,000-acre project site along I-20 was zoned for agricultural and residential use. The state and a local development authority in early 2022 assumed ownership of the property, and local zoning typically doesn’t apply to government-owned land. Project critics argued the state was averting a potentially challenging rezoning vote.
In addition, the $1.5 billion incentive package that state and local leaders offered Rivian prompted its own public scrutiny.
Both matters ended up in court. Rivian opponents were able to peel back a small part of the taxpayer-backed incentives, but the state and development authority were victorious on most other legal challenges.
During two of the lawsuits, which focused on the factory’s zoning and permits, the state and development authority accumulated attorneys fees exceeding $540,000. The agencies argued the lawsuits were frivolous and covered matters already settled in court, asking judges in Fulton and Morgan counties to order six litigants to repay the governments’ court costs.
Christy argued that his clients’ cases were not frivolous, saying they raised unprecedented questions about zoning for state-backed development projects.
On Sept. 12, Morgan County Judge Stephen Bradley issued an order denying the request for attorneys fees.
“No truly aggrieved citizen should be prohibited from suing to test the legality or constitutionality of the governments’ claims,” Bradley wrote in his opinion. “And any precedent that could allow political actions and costs to be off-loaded to complaining litigants would be untenable.”
Cox Enterprises, which owns the AJC, also owns about a 3% stake in Rivian.
About the Author
Zachary Hansen, a Georgia native, covers economic development and commercial real estate for the AJC. He's been with the newspaper since 2018 and enjoys diving into complex stories that affect people's lives.
