Hurley hearing date set

A hearing date has been scheduled for the case between Loudon County Commissioner Julia Hurley and the state pertaining to her residency.

Both parties are supposed to appear before Chancellor Frank V. Williams III at 1 p.m. July 23 at Roane County Courthouse.

The matter dates back a year when Commissioner Van Shaver first questioned Hurley’s residency after learning of a real estate purchase and move through social media. Hurley represents the second district, but she moved into the fifth district.

T. Scott Jones, Hurley’s attorney, in May emphasized the move was only temporary, that she would return in August and that she was “turning a piece of real estate.”

A copy of the lease provided Johnson in February showed a one-year agreement with a tenant for Hurley’s property on West 5th Avenue in Lenoir City, which is located in the second district, Jones said in May.

“We feel like we’ve filed very reasonable and viable motions and we expect to be successful associated with the same,” Jones said. “Hopefully we can move on from this and Loudon County Commission can get back to the task at hand as far as their business.”

Jones in April filed a motion to dismiss the case and disqualify Johnson as legal representative.

“He’s got to be disqualified,” Jones said in June. “If the judge looks at it, because the fact he’s made himself a party, you can’t do that. You can’t be a party and the attorney. That’s his problem with that. I mean it’s just, if that motion is heard, which it would be heard second, I think it’s granted, but I don’t think the court ever gets to it because ordinarily you would hear the dispositive motion first and the dispositive motion is the motion to dismiss, which means it ends the whole lawsuit. Well, if it ends the whole lawsuit it doesn’t make a difference as to whether or not the general represents them or not.”

Jones has also said the case was “improperly filed.” He maintains Commissioner Henry Cullen cannot act as a principal and surety.

“Mr. Cullen cannot act as his own surety and in the absence of a cash bond, there is no security for the costs,” the motion to dismiss said. “Because there is no cash bond, the suit was never validly commenced and must be dismissed.”

Russell Johnson, 9th Judicial District attorney general, declined comment.

“We will make our arguments at the hearing,” he said in an email correspondence.

In a response filed May 29 with Loudon County Clerk and Master Lisa Niles, Johnson said Jones’ motion to dismiss is “based on supposition and meant to distract the court from the true issue at hand.”

Jones through a motion contended the case was a “political dispute” between Hurley, Johnson and Shaver.

“The assertions made within the respondent’s motion to disqualify are premature and irrelevant to the matter before the court,” the response said. “The respondent is attempting to make District Attorney General Russell Johnson a witness in this matter when the only information he could offer is hearsay as he supervised the investigation, no different than a personal injury attorney sending an investigator out to gather information and receiving a report back.”