More On Lawsuit

As reported last week, in case of Cook Brothers vs. Loudon County, Chancellor Tom McFarland, ruled that the county commission was within their legislative authority to deny the rezone request and dismissed the case in favor of the county.  As you remember, Cook sued Loudon County when he was denied a rezone request for a 172 home, residential development in the Unitia/Glendale community.

Many of us had no doubt the county would win the suit just simply based on the law, but you never know for sure how a lawsuit might turn out. Cook Brothers have 30 days to appeal the judge's decision if they choose to.

We hope this sends a strong message to other developers that Loudon County commission will not just lay down and roll over for developers. We will take action to protect Loudon County and it's residents.

No one likes to be involved in lawsuits but in government, unfortunately, it's sometimes unavoidable. There will always be those who think they can threaten and bully county officials to get their way.

Lawsuits can be expensive and time consuming but unfortunately necessary. However, if elected officials are going to legislate based on the fear of a lawsuit, they would never be able to perform their duties.

The next lawsuit on the horizon is Loudon County vs. Mark Matlock. This case stems from Matlock's disregard of county zoning regulations. This case is set to be heard in April.

One of the more notable suits of recent times was the case of, thankfully now former commissioner Julia Hurley, on moving out of her elected district. That case drug on for two years. From time to time, I'll hear people say that Ms. Hurley won that suit. My response is, did she really? Is she still in office? Contrary to what some have said, the county didn't spend any money on that suit. The lawsuit against Ms. Hurley was brought by the district attorney after an investigation. 

Of course the big lawsuit coming is Loudon County vs. Lenoir City over their two illegal annexations. Beyond any question, the city willfully, illegally annexed two partials of property they had no legal right to annex. In this case, the county did not want to sue the city, but the city left no options after repeated requests to correct their actions.

Again, the county will defend the rights of the county and the residents there in.

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2/27/23