County wins Cook Bros

Loudon County came out the winner in a lawsuit brought by Cook Bros. Construction.

“It was a complete victory for the county,” County Attorney Robert “Bob” Bowman said Friday.

The complaint was filed in October 2021 after Loudon County Commission voted 5-5 in a Sept. 7, 2021, meeting to deny the rezoning of property off U.S Highway 321 after an initial 6-4 vote. The property was slated to become a subdivision for a Planned Unit Development by Cook Bros.

The commission action later fueled a decision to basically ban PUDs in the county and was central in the 2022 election campaigns of numerous people seeking a seat on commission.

Plaintiffs in the suit filed for summary judgment in June 2022.

“The undisputed facts prove that Loudon County Commission’s decision to deny the plaintiffs’ rezoning request was illegal, arbitrary and capricious,” according to the motion.

Bowman said Chancellor Tom McFarland essentially dismissed the lawsuit.

McFarland found the actions by Loudon County Commission nearly 18 months ago were a legislative function and there was no reason under the rational basis standard to overturn what commission did, Bowman said.

Commissioner Van Shaver told the commission at the start of a Feb. 21 workshop about the ruling in Roane County earlier that day. Shaver said both attorneys were allowed to make arguments.

Shaver said McFarland ruled that commission acted within their authority and said he would not overturn the decision of an elected body.

“So that lawsuit has been settled now,” Shaver said. “They certainly would have the right to appeal if they choose to. Based on the way the chancellor ruled today, an appeal would likely not be successful ... so that one (is) behind us. I guess bring on the next one.”

Bowman said he has not received any indication from opposing counsel of an intent to file an appeal.

After multiple attempts, Knoxville attorney Ellis “Sandy” Sharp, who represented John Cook, owner of Cook Bros., could not be reached for comment.

Court documents related to the judgment were unavailable by News-Herald presstime.