Hurley residency hearing scheduled

 

Jeremy Nash news-herald.net
 

The lawsuit questioning Loudon County Commissioner Julia Hurley’s residency finally made the court calendar.

 

A hearing is set for Dec. 21 in Loudon County with Chancellor Frank V. Williams III.

“We are looking forward to finally getting this case to trial given the COVID delay with the shutdown of courts, the lack of a courthouse that has caused delay in having to work around makeshift ‘courtrooms’ and the appeal that Hurley’s attorney filed, on which we prevailed,” Russell Johnson, 9th Judicial District attorney general, said in an email correspondence. “As with any case delay, it usually works in the defendant’s favor, so there is almost always an incentive for defendants to delay cases. We hope that will not happen any further and we hope the COVID issues do not cause the Supreme Court to shut us down again.”

Johnson said he believes the hearing should only last a day.

The issue dates back to June 2019 when County Commissioner Van Shaver first questioned Hurley’s residency after learning on social media of a move from her elected second district into the fifth district.

Johnson then in March 2020 filed a petition in chancery court.

Hurley’s attorney, T. Scott Jones, followed with a motion to dismiss in April 2020, stating Loudon County Commission Chairman Henry Cullen cannot act as a principal and surety, which Williams denied in July 2020. Williams ordered another person to sign the bond.


Both sides spoke before the Tennessee Court of Appeals in May, which a month later dismissed the appeal Jones filed.

“I mean, I think we should have won to begin with but we respect the court’s decision, and I would point out we did not lose the court of appeals,” Jones said. “The court appeals just effectively said that the issue was premature, the state chose not to cure it and we feel like that at a full hearing of the event — I mean it’s going to be hard to deny where she lays her head every night, and that’s in her district, and then when you look at the (County Technical Assistance Service) guidelines, she’s doing exactly what she’s supposed to do.”

Jones said he was “extraordinarily” confident in the upcoming hearing.

“We are looking forward to our day in court and a further reflection of what Ms. Hurley has claimed all along that the home that she purchased was for investment purposes and that she is safely ensconced back in the home in her district, I believe it’s 5th avenue,” Jones said. “It’s effectively the absolute what we said was before. In addition, we think it’s extraordinarily interesting that they have actually propagated plans — not by her, she had nothing to do with it — to actually rezone the other home in her district. ... There’s a set of plans out there going on to that and, of course, Van Shaver makes the specific statement that he’s not going to do it or won’t let that see the light of day because he’s suing Julia.”

Shaver fired back by saying neither he nor Loudon County Commission is suing Hurley.

“The district attorney office is the one who’s taking the case against Julia Hurley, which I have not one thing to do with,” Shaver said.

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10/4/21