Oak Ridge Today

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

Posted at
By 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)

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…]

Appeals court rules in favor of Covenant Health, other defendants in excessive radiation lawsuit

Posted at
By Leave a Comment

Methodist Medical Center Main Entrance

A three-judge appeals court panel has ruled in favor of Covenant Health and two other defendants in five lawsuits that alleged that the absence of shielding in part of the emergency department at Methodist Medical Center exposed five X-ray and radiologic technologists, including two who were pregnant, to excessive radiation.

The unanimous opinions by the three Tennessee Court of Appeals judges—D. Michael Swiney, John W. McClarty, and Thomas R. Frierson II—were filed June 9 in Knoxville. They affirmed an order by Anderson County Circuit Court Judge Donald R. Elledge granting a summary judgement in favor of the defendants: Covenant Health, Rentenbach Engineering Company, and TEG Architects LLC.

The lawsuits were filed in January 2014 by Connie Raby, Keith Gillis, Michael Phillips, Mary Ridenour on behalf of her and her child, and Micah Noelle Lewellen on behalf of her and her child.

The lawsuits alleged that the technologists were exposed to excess radiation for several years at Methodist Medical Center because some walls in and around a radiology imaging center in the new emergency department, which opened in February 2006 as part of a hospital remodel, were built without the required lead shielding, elevating the workers’ risk of health problems, including cancer. [Read more…]

Bullets for blanks negligent, but rounds not put into guns during police training, attorney says

Posted at
By Leave a Comment

Oak Ridge Today

KNOXVILLE—The Oak Ridge police lieutenant who sent deactivated .38-caliber pistol ammunition and live .223-caliber rifle rounds rather than blanks for use in a training session three years ago was negligent, an attorney said Thursday.

But the mistake was detected before the live rounds were put into guns, and there was no imminent danger or harm to anyone, said Benjamin K. Lauderback, who represented the City of Oak Ridge in oral arguments before the Tennessee Court of Appeals in Knoxville on Thursday.

The police officer who detected the error, former Oak Ridge Police Department Sgt. Mark Coffey, filed a formal complaint two days after the August 20, 2011, training session, known as an “active shooter” response. He resigned a few months later in October, and in August 2012, he filed a lawsuit in Anderson County Circuit Court alleging retaliation and wrongful discharge.

In the lawsuit, Coffey said other ORPD employees retaliated against him after he filed the complaint against Lt. Brad Jenkins, who supplied the ammunition. Coffey said he had been forced to resign and was “constructively discharged.” Before he left the job, Coffey said, he had been re-assigned to work under Jenkins, and he resigned because of the alleged retaliation and fears for his personal safety. He sought $600,000 in compensatory and punitive damages.

The city won a summary judgement, which is like a dismissal, in August 2013. Anderson County Circuit Court Judge Don Elledge did not find that Coffey’s working conditions were bad enough that an ordinary person couldn’t tolerate them, Lauderback said. [Read more…]

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

Posted at
By 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…]