The lawsuit brought against Loudon County in
2021 by Cook Brothers Construction will be heard on February
21st in Roane County. That hearing will be for the judge to hear
a motion and cross motion from both sides requesting declaratory
judgments, meaning to find that one party or the other should
prevail on the facts without going to trial. If the judge
doesn't rule in either party's favor, the case will go to full
trial at a later date.
In November 2021, Cook Brothers filed suit
against the county after county commission denied his request
for a rezone with a PUD, Planned Unit Development, overlay.
The suit claims Cook Brothers met all the
requirements to be granted the rezone and overlay. Of course
this is false.
Most recently, Cook's attorney, Sandy Sharp of
Cope, Williams, Sharp and Mann PC, requested newly elected
chancellor, Tom McFarland recues himself from hearing the case.
In the filed court documents, the Cook attorney said McFarland
should recues due to the fact circuit court judge, Mike
Pemberton's, wife works in Sharp's office and that McFarland and
Mike Pemberton had previous legal disagreements in the past.
However, during last week's hearing on the recusal, Sharp argued
that McFarland was close to county commissioners, walking the
halls with them. McFarland called a halt to that discussion
pointing out that none of that was in his court document.
Ultimately, McFarland declined to recues himself from the case.
You may remember, back before the May primary
election when mass over development was the hottest issue on the
ballot, Mr. Cook may have thought by investing in the primary
elections, his odds of getting his rezone might be better. He
made significant contributions to most of the pro-development
county commission candidates. Of course, all his picks lost
badly.
Cook donated:
$500 to Mark Matlock
$500 to Julia Hurley
$300 to David Ball
Cook also donated $5,000.00 to the Home
Builders Association of Knoxville. This is the group that sent
out all the mailers supporting Matlock, Hurley and Eddie
Simpson. Seems Mr. Cook spent a lot of money and got nothing for
it. |