Fore Note: The news Herald story below was published just hours before the judge released his ruling.

Ruling imminent on motions to dismiss in County, Lenoir City suit

BECCA J. G. GODWIN news-herald.net

The ruling for motions to dismiss a Loudon County lawsuit against Lenoir City and two other defendants is expected this week.

A ruling was expected a couple of months ago when the motions were argued on June 17 at the Meigs County Courthouse. After hearing the arguments from multiple attorneys that day, Circuit Court Judge Mike Pemberton said he needed to review the information presented and hoped to have a ruling ready before the end of June.

No ruling has since been issued. However, Jeff Money, Pemberton’s administrative assistant, provided an update by email on Aug. 16 “The briefing comprised several hundred pages from multiple parties. The court has just about finished its opinion, which should be available no later than (Aug. 21). As to future status, that will be determined by the ruling,” Money said.

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 county’s 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. If the motions to dismiss the case are denied, the lawsuit is expected to proceed to a trial.