Note: This story was last updated at 12:25 p.m.
CLINTON—A court has dismissed a case that once called for a $400,000 fine against the owner of three now-vacant Applewood Apartments buildings on Hillside Road in Oak Ridge.
Charges against the original defendant, former Applewood Apartments manager Tammy Sandlin, have been dismissed, and she is the only properly named defendant in the complaint, Anderson County Circuit Court Judge Don R. Elledge said in a dismissal order filed Wednesday, June 21.
The Tennessee Court of Appeals had issued an opinion on October 15, 2015, that vacated, or voided, the $406,520 judgement against Applewood Apartments owner Joseph J. Levitt Jr. because he had not been effectively added as a defendant in the city’s lawsuit, Elledge said.
At that time, the Court of Appeals remanded the case, or sent it back to, Anderson County Circuit Court in Clinton for further proceedings, “including the filing and serving of an amended complaint or city warrant against Mr. Levitt,” Elledge said in his order to dismiss.
The Court of Appeals decision essentially said that Levitt has to be given a chance to defend himself, Elledge said during a motion hearing in Circuit Court on Friday, June 9. A jury trial had been scheduled for March 9, 2018. The City of Oak Ridge is the plaintiff.
But no amended complaint has been filed by the city since the Court of Appeals decision almost two years ago, and Levitt has never been served with an amended complaint, Elledge said during the June 9 motion hearing. [Read more…]