Anderson County Chancery Court Archives

Appeals court upholds Applewood warrants, board’s order to vacate

Posted at 4:14 am August 1, 2018
By John Huotari Leave a Comment

The site of former Applewood Apartments buildings, which have been demolished, is pictured above at Hillside Road and East Hunter Circle on Wednesday, July 18, 2018. (Photo by John Huotari/Oak Ridge Today)

It’s not clear if it will make much difference now, but a state appeals court has upheld administrative warrants used by the City of Oak Ridge for inspections at Applewood Apartments and a city board order that had once called for vacating and demolishing six of the buildings.

The Tennessee Court of Appeals in Knoxville issued its opinion on Tuesday, July 24.

Joe Levitt, the owner of the former 13-building apartment complex on Hillside Road and Hunter Circle, had appealed a September 2016 order of the Anderson County Chancery Court in Clinton. That court, where M. Nichole Cantrell is chancellor, had granted summary judgement to the City of Oak Ridge, the Oak Ridge Board of Building and Housing Code Appeals, and former codes enforcement supervisor Denny Boss. Levitt, who has battled the city for years, had sought to overturn an Oak Ridge order that the six Applewood Apartment buildings be vacated and demolished.

Inspections conducted with the help of Corum Engineering in 2009 had found multiple code violations and structural deficiencies at the six buildings, including cracks in foundations, damaged and rotten floor joists, and evidence of wood-destroying insect activity, as well as dead animals and animal feces in the basement and crawl space, and excessive debris, lack of smoke detectors, plumbing leaks, and damaged roofing materials, among other issues, according to last week’s opinion. Unless the defects were corrected, the 2009 engineering report said, the top floors of the buildings could collapse because of a lack of structural support, according to the opinion. [Read more…]

Applewood Apartments buildings demolished

Posted at 1:28 pm July 10, 2018
By John Huotari 4 Comments

After a years-long dispute over alleged code violations, the 13 Applewood Apartments buildings on Hillside Road and Hunter Circle have been demolished. The site of one former building at Hillside Road and West Hunter Circle is pictured above on Monday, July 9, 2018. (Photo by John Huotari/Oak Ridge Today)

After a years-long legal dispute over alleged code violations, the 13 Applewood Apartments buildings on Hillside Road and Hunter Circle have been demolished.

Brady Excavating and Demolition of Crab Orchard was working on removing the last apartment basement on West Hunter Circle on Monday. The basement walls are a foot thick, and Keith Brady of Brady Excavating and Demolition was using a trackhoe with a hammer attached to it to remove the concrete bunker-like walls.

The buildings themselves have already been torn down, and the debris has been hauled away.

Brady, who owns Brady Excavating and Demolition, said the next step will be grading. The site has to be leveled so that it can be mowed, won’t have holes, and will have “positive drainage.” Grading could take two to three days and could be done by next week, Brady said. Big trees on the perimeter and in the middle of the property will remain. [Read more…]

She alleges abuse, imprisonment, Sharia law; he cites immigration as possible motive for claims

Posted at 2:47 pm December 8, 2015
By John Huotari 2 Comments

The wife of a city employee has alleged that she has essentially been held captive in a home that operates under Sharia law, been physically abused, not allowed to work or go to school, and deprived of food and medical care.

But her husband, an Oak Ridge Electric Department project manager, said he can prove that the charges are unfounded. He called the allegations, which were publicized in a newspaper story last month, “salacious accusations.” The allegations sparked a social media backlash against the city employee, Oak Ridge Electric Department Project Manager Ardo Isma Ba.

The Oak Ridge Police Department has investigated some of the allegations against Ba, including the charge that he held his wife, Madina Sall, against her will for the past three years. That information was reported to the Knox County Sheriff’s Office, where Ba is a reserve deputy.

Ba was not charged after the investigation. Officers said Sall’s definition of abuse is different than what is defined in Tennessee law. Also, detectives appeared to have questions about the accuracy of some of the information, and they warned Sall of the consequences of reporting false information to law enforcement.

“The matter did appear to be a non-criminal matter due to the initial information given to (the Knox County Sheriff’s Office) not being accurate and no proof that any physical abuse has occurred,” the ORPD said. [Read more…]

Tennessee Court of Appeals affirms dismissal of ouster suit filed against AC law director

Posted at 11:20 am June 25, 2015
By John Huotari 6 Comments

Anderson County Law Director Jay Yeager, left, the defendant in an ouster suit filed by a group of residents, is pictured with Lynn Byrge, one of the petitioners in the complaint, during an Anderson County Commission meeting in July 2014. (File photo)

Note: This story was last updated at 3:25 p.m.

The Tennessee Court of Appeals on Thursday affirmed the decision of a trial court to dismiss an ouster complaint filed against Anderson County Law Director Jay Yeager.

Twenty-two Anderson County residents tried to remove Yeager, who was appointed law director in September 2006, from his office under Tennessee’s ouster law. The complaint was originally filed in Anderson County Chancery Court in May 2014 and amended the next month.

The Anderson County Chancery Court issued an order granting Yeager’s motion to dismiss on September 22, 2014, but the case was appealed. On Thursday, a three-judge panel of the court, which heard oral arguments in April, upheld the trial court’s decision to grant the motion to dismiss, which was issued by Special Judge Don R. Ash.

“I deeply appreciate the County Commission and the Legal Services Advisory Committee for their continued support and confidence during these very difficult times for myself and my family,” Yeager said Thursday morning. [Read more…]

After four years, Lincoln’s closes, cites economic conditions

Posted at 4:03 pm October 21, 2014
By John Huotari 8 Comments

After more than four years, Lincoln’s Sports Grille on South Illinois Avenue has shut down, citing economic conditions.

Note: This story was updated at 1:30 a.m. Oct. 22.

Lincoln’s Sports Grille has shut down, citing economic conditions. The closure was announced in a sign posted on a front door of the four-year-old restaurant and bar on Monday and in a press release on Tuesday.

The popular restaurant and bar on South Illinois Avenue had had a series of five sometimes-contentious show cause hearings before the Oak Ridge Beer Permit Board. In the last show cause hearing on August 28, members revoked Lincoln’s permit.

Lincoln’s regained the permit after a temporary agreement imposing new conditions was worked out with the city and Beer Board and approved by Anderson County Chancellor Nicki Cantrell, pending an appeal of the Beer Board’s revocation.

But in an interview earlier this month, Scott Green, one of Lincoln’s owners, said the inability to sell beer between late August and early October had a substantial impact on the business. The restaurant and its staff had also been hurt by the bad publicity, Green said.

“It’s been a significant hit on us,” he said. [Read more…]

Lincoln’s Sports Grille requests court hearing after beer permit revoked

Posted at 5:56 pm September 11, 2014
By John Huotari Leave a Comment

Lincoln’s Sports Grille on South Illinois Avenue is pictured above. (File photo)

A few days after its beer permit was revoked late last month, Lincoln’s Sports Grille requested a hearing in Anderson County Chancery Court and asked that the revocation be put on hold while the legal case is pending.

Lincoln’s, which had its beer permit revoked by a city board on August 28, said it has been hit with a “more substantial penalty than similar establishments have faced with similar conduct.”

The beer permit of the popular restaurant and bar, which opened about 4.5 years ago, was revoked for one year after its fifth show cause hearing before the Oak Ridge Beer Permit Board, and the second called after Lincoln’s sold beer to a minor.

In a petition filed September 2, Lincoln’s asked the Anderson County Chancery Court for a hearing to determine whether the business “violated any rules of conduct pertaining to the sale of beer and the appropriate punishment.”

The litigation could be protracted, the petition said. Lincoln’s is represented by Oak Ridge attorney Kevin C. Angel.

“Failure of this court to issue a stay of the Beer Board’s decision will result in irreparable loss to the petitioner (Lincoln’s) because it severely impacts petitioner’s ability to do business while the matter is pending,” Lincoln’s said. “On the other hand, if this court grants a stay and ultimately upholds the decision of the Beer Board, the petitioner can still be suspended for a year after this court’s decision. Thus, a stay of the Beer Board’s decision is in the interest of justice.” [Read more…]

Special judge appointed in ouster suit

Posted at 4:48 pm August 12, 2014
By John Huotari Leave a Comment

Don R. Ash

A special judge has been appointed to hear the ouster suit filed against the Anderson County law director in May, and hearing dates will be discussed with attorneys in the case during an August 19 telephone conference, officials said.

Senior Judge Don R. Ash of Murfreesboro was appointed to hear the case by Tennessee Supreme Court Justice Gary Wade, said Michele Wojciechowski, communications director for the Tennessee State Courts.

Ash is a former judge in Rutherford County, and he is assigned to cases throughout the state that need a special judge. [Read more…]

Fritts: Ouster statute does not apply to Anderson County law director

Posted at 3:12 am August 7, 2014
By John Huotari 1 Comment

Chuck Fritts, Myron Iwanski, and Dusty Irwin

Anderson County Commission Chair Chuck Fritts, left, is pictured above with commissioners Myron Iwanski, center, and Dusty Irwin. Citing an opinion from the County Technical Assistance Service, Fritts on Wednesday said the ouster statute does not apply to the Anderson County law director, the defendant in a controversial ouster suit.

The ouster statute does not apply to the Anderson County law director, the defendant in a controversial ouster suit, Anderson County Commission Chair Chuck Fritts said Wednesday.

Law Director Jay Yeager is essentially a county employee rather than an official, and the ouster statute doesn’t apply to him, said Fritts, citing the opinion of a legal consultant at the University of Tennessee’s County Technical Assistance Service in Nashville.

Citing the CTAS opinion, Fritts said the petitioners who brought the ouster suit against Yeager should pay the legal costs if they lose. The county could pay Yeager’s legal fees if the ouster suit fails or is thrown out of court.

In an opinion sent to Fritts on July 29, CTAS Legal Consultant Stephen Austin said the Anderson County law director is a county employee and not a county officer.

“Accordingly, the ouster statutes are not applicable to the law director,” Austin said. Yeager made a similar argument in a July 11 motion to dismiss filed in Anderson County Chancery Court. [Read more…]

Irwin: Frank may have to hire commission attorney in Yeager ouster suit

Posted at 12:25 pm July 29, 2014
By John Huotari Leave a Comment

Anderson County Commissioner Dusty Irwin, right, has proposed a special meeting to possibly repeal an approved motion made last week by Commissioner Myron Iwanski, center, that covers legal fees for current and former county employees in the ouster suit filed against Law Director Jay Yeager. Also pictured is Anderson County Commission Chair Chuck Fritts.

Anderson County Mayor Terry Frank, right, and Law Director Jay Yeager have been embroiled in several high-profile disputes, including over an ouster suit filed in May in Chancery Court.

Irwin says he’s willing to consider options

CLINTON—Anderson County Mayor Terry Frank may be the only person authorized to hire an attorney to represent county commissioners responding to subpoenas or other legal notices filed in the ouster suit against Law Director Jay Yeager, a commissioner said Monday.

That means a motion approved 13-2 by the Anderson County Commission last week might have to be repealed, said Commissioner Dusty Irwin, whose district includes Norris and Andersonville. That motion allows each commissioner to hire their own attorney and bill the county, Irwin said.

He said his recommendation this week is based on his interpretation of state law and attorney general’s opinions. He’s called for a special meeting to repeal last week’s motion by Commissioner Myron Iwanski, who represents part of Oak Ridge and is former interim county mayor, and consider a new motion that asks Frank to find and hire an attorney to replace Yeager in the case.

“Although I am no lawyer, the attached seems clear that the commission cannot authorize or hire legal counsel in the absence of a law director, and our law director (Jay Yeager) has stated to the commission that he cannot represent or advise us on the ouster suit he is currently involved in,” Irwin said in a Monday e-mail forwarded to commissioners and the media. “Also, it appears to me that only the the county mayor can perform this hiring action and that the commission may only approve the expenditure by a majority vote.”

It’s not clear if other commissioners will agree. Iwanski was unavailable for comment Tuesday morning. [Read more…]

Four Applewood Apartment buildings still ‘unfit,’ not vacated, attorney says

Posted at 1:26 pm July 13, 2014
By John Huotari Leave a Comment

Applewood Apartments at 105 Hunter Circle

A city board declared four buildings on Hunter Circle to be unfit for human occupation or use in November 2010 and, after a Tennessee Court of Appeals opinion, reaffirmed the decision in March 2013. The case has been appealed back to the appellate court.

KNOXVILLE—More than three years after they were declared “unfit,” four dilapidated Applewood Apartment buildings have still not been vacated, an attorney said Thursday.

The Anderson County Chancery Court and the Tennessee Court of Appeals have both affirmed a November 2010 decision by an Oak Ridge board declaring the dilapidated buildings on Hunter Circle to be unfit for human occupation and use—and calling for them to be vacated immediately, attorney Dan Pilkington said.

The 2010 decision was reaffirmed by the city board, the Oak Ridge Board of Building and Housing Code Appeals, in March 2013, Pilkington said.

“We believe that this order is final,” he said in a 15-minute oral argument before a three-judge panel of the Tennessee Court of Appeals in Knoxville on Thursday. “Despite that, the buildings have never been vacated.”

The 2010 Oak Ridge board hearing was held after notices were issued citing multiple deficiencies that were hazardous to tenants, said Pilkington, who works for Knoxville law firm Watson, Roach, Batson, Rowell, and Lauderback. That company represented the City of Oak Ridge in Thursday’s oral argument before a three-judge panel that included John W. McClarty, D. Michael Swiney, and D. Kelly Thomas Jr. [Read more…]

County Commission to continue budget discussions July 15

Posted at 12:39 pm June 17, 2014
By Sara Wise Leave a Comment

The Anderson County Commission is pictured above during its Monday night meeting. (Photo by Sara Wise)

CLINTON—The Anderson County Commission voted on Monday to continue considering the county budget proposed by Mayor Terry Frank. A special meeting for budget review will be held July 15, ahead of that month’s regularly scheduled meeting on July 21.

The budget proposal came to the County Commission after the budget committee’s recommendation to increase the minimum fund balance by $500,000, to $4 million. That measure would require a supermajority of the County Commission—or 11 of the 16 commissioners—to approve any expenditure that would take the so-called rainy-day fund under the $4 million mark.

Frank said the budget is “not an exciting budget,” as there is little change from the last fiscal year, “but it is a budget that allows the people of Anderson County to keep more of what they’ve earned.” She also asserted that the county government would maintain stability and services through the proposed budget, which balances at $25 million and maintains property tax levels. [Read more…]

Residents file ouster petition against Anderson County law director

Posted at 10:47 pm May 16, 2014
By John Huotari Leave a Comment

Twenty-two Anderson County residents have filed a petition in Chancery Court seeking to remove Law Director Jay Yeager from office, alleging misconduct that includes perjury, forgery, and having pornography on a county computer.

The ouster petition was filed Friday afternoon in Anderson County Chancery Court in Clinton. It alleges Yeager, who became law director in September 2006, committed perjury on his sworn application to become law director eight years ago, forged the signature of retired Anderson County Sheriff’s Department Capt. Avery Johnson two years ago, and had a pornographic image on a county computer that was found about three years ago.

The petition asks the court to immediately suspend Yeager from his official duties pending a decision by the court, and it requests a trial. If Yeager is guilty of one or more of the charges, the petition said, he should be ousted from office.

“I’m devastated,” Yeager said Friday evening. “It’s just another assassination on my character and on my good reputation and all I’ve done for Anderson County.”

He said he thinks the ouster suit is politically motivated, and he called it “baseless and unwarranted.” [Read more…]