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Loudon County, Lenoir City
lawsuit hearing rescheduled
Becca J. G. Godwin News-herald.net Whether or not a Loudon County lawsuit against Lenoir City over its annexation of two properties will be dismissed is still undetermined after another court hearing to discuss the matter was rescheduled. Those who arrived at the temporary courthouse on April 24 were told the 9 a.m. hearing had been removed from the docket. That morning, Circuit Court Judge Mike Pemberton had approved a motion filed the day prior asking to continue the hearing on another date, according to legal documents.
A
similar situation occurred a month ago, when Pemberton told
a packed room of people that the hearing would be
rescheduled for a month later due to an amended complaint
that had just been entered.
In that March 27 filing, the limited liability companies that own the disputed properties were added as defendants because their interests might have been affected by the declaratory relief sought by the county. The property owners at the center of the litigation are Mountain View Estates (MVE), which holds about 120 acres at 5744 U.S. Highway 321, and WNW Properties 5, which has 24 acres on U.S. Highway 70. In the request for a rescheduled hearing, WNW’s lawyer said the company was not served the amended complaint until April 15, but that it expects to file a Motion to Dismiss as well. The April 23 filing added that MVE had apparently not yet been served the amended complaint. According to Loudon County’s Lawyer Kyle Baisley, MVE’s counsel agreed to accept service for it by email that same day. “Until all parties are properly joined, it would be a waste of judicial resources to move forward with the hearing scheduled for April 24, 2024,” the motion said. “(WNW) requests that the hearing … be continued to a date convenient to the Court after consultation with all parties and counsel.” Pemberton, in response, agreed. “Based upon the written motion and the record as a whole, the Court finds that the Motion to Continue is well-taken and should be granted,” his order said. The initial complaint in the lawsuit, which was filed in February 2023, argues that the city’s disputed annexations of the unincorporated properties starting in 2020 didn’t follow state law and weren’t approved by Commission as required by a 2005 interlocal agreement between the city and county. The county alleges these actions have stripped its rights to protect its interests.
A new
date for the hearing in the civil
case has not yet been set.
Pemberton’s schedule in Loudon
County does not resume until July.
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4/29/24