Commission votes for legal actio

Loudon County Commission voted 7-3 on Monday to pursue legal action against Lenoir City for the annexation of land for Belle West subdivision.

The vote followed impassioned pleas from several landowners near the development who said they wanted county leaders to better contain growth.

“Everyone knows growth has to happen, but it has to be controlled,” Matthew Kellar said during the public comment portion of the meeting. “This is exactly why you have your seats. It is to protect the citizens of Loudon County.”

Lenoir City annexed in 2020 properties outside an established Urban Growth Boundary that were owned by Belle West Pointe LLC and WNW Properties LLC. The 120-acre development is expected to contain hundreds of new homes when built out.

Kyle A. Baisley, an attorney with Long, Ragsdale & Waters, P.C., a Knoxville law firm representing the county, said both properties were annexed without commission approval as required by a 2005 Interlocal Agreement between the county and Lenoir City. He also said the annexations did not follow state law.

More than 75 people were in the audience to protest the annexation and demand commissioners take a stand.

“We’re involved because we want you to do the right thing,” Joel Farmer said. “This is the first precedent that is going to be set.”

Tim Purcell, who lives beside a narrow strip of land Dan Smith recently petitioned Lenoir City to annex, emphasized how the interlocal agreement sets standards to regulate annexation and sprawl. He described how land in the area was intended to remain rural.

Purcell said his 40-acre ranch “doesn’t look anything like the city because it is not supposed to.”

He specifically asked commissioners take legal action against Lenoir City.

“My family and the voters that are here behind me tonight are praying that you will do two things: do the right thing, represent your county tonight, not just the city, vote to pursue legal remedy and regain your rights as Loudon County commissioners.”

Following Purcell’s four minutes at the podium, the crowd in attendance erupted into extended applause.

After returning from a five-minute break, District 5 Commissioner Van Shaver said he would bring a motion to direct Baisley to “take any and all actions necessary to invalidate any illegal annexations by Lenoir City,” which was also followed by applause from the audience.

Before making the motion, Shaver asked Baisley to give an update on information he discovered about the case during the research process.

Baisley suggested the right approach at this point would be for the city to rescind the annexations and go through the prescribed process that involves petitioning the county. Based on comments from city leaders and attorneys, he said he doesn’t believe that will happen.

He said commissioners basically had two courses of action: do nothing or pursue court intervention.

“There is a right way to do it and a wrong way to do it, and they did the easy way that was incorrect,” Baisley said regarding the annexations.

Shaver made the motion to take legal action, which was seconded by District 5 Commissioner Joe Morrison. The motion passed 7-3, with District 4 Commissioner Gary Whitfield joining District 2 Commissioners William Jenkins and Rosemary Quillen in voting “no.”