Motion to dismiss ruling in County, Lenoir City suit expected soon

Becca J.G. Godwin news-herald.net

A recent court hearing for motions to dismiss a Loudon County lawsuit against Lenoir City and two other defendants ended without a ruling, but it’s expected to come before the month’s end.

The lawsuit argues that the city’s disputed

annexations of two unincorporated properties, starting in 2020, didn’t follow state law and weren’t approved by Loudon County Commission as required by a 2005 inter-local agreement between the city and county. The county alleges these actions have stripped its rights to protect its interests.

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 nearby on U.S. Highway 70. The lawsuit was initially filed against the city in February 2023; MVE and WNW were added as defendants in a March 27 amended complaint because their interests may be affected by the declaratory relief sought by the county.

The lawsuit asks for multiple forms of relief, including that the court hold the purported annexations as invalid and for Loudon County to “be granted such further relief to which this Court believes it is entitled.”

All three defendants have filed motions to dismiss.

At a Lenoir City Council meeting on June 10, city attorney Walter Johnson provided an update about the lawsuit. He mentioned that Circuit Court Judge Mike Pemberton intended to make a ruling during the hearing.

“Judge Pemberton has said that he is going to rule from the bench … He said he’s going to disgorge that opinion on Monday,” Johnson said. “So we look forward to that, look forward to having the case dismissed.”

The city was expecting a happy result, Johnson said, but he also tempered his optimism.

“No guarantees,” he said. “Anytime we get in front of the court … we don’t know what’s going to happen.”

Toward the end of the June 17 hearing at the Meigs County Courthouse, Pemberton confirmed that he went into the hearing thinking he knew exactly what he was going to do. However, after hearing the arguments from multiple attorneys, he said he was rethinking his stance and needed to review the information presented.