Oak Ridge Today

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

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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…]

Applewood Apartments buildings demolished

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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 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…]

Applewood Apartments: Case that once called for $400,000 fine has been dismissed

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The rear of the Applewood Apartments building at 186 Hillside Road is picture above on Saturday, July 1, 2017. (Photo by John Huotari/Oak Ridge Today)

The rear of the Applewood Apartments building at 186 Hillside Road is picture above on Saturday, July 1, 2017. (Photo by John Huotari/Oak Ridge Today)

 

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…]

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

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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…]

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

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Jay Yeager and Lynn Byrge

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…]

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

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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

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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…]

Haslam appoints Kirby to Tennessee Supreme Court

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Holly M. Kirby

Holly M. Kirby

NASHVILLE—Tennessee Gov. Bill Haslam has appointed Holly M. Kirby of Memphis to the Tennessee Supreme Court. Kirby will succeed Janice M. Holder, who is retiring June 28.

Kirby, a lifelong Tennessean, has served as a member of the Tennessee Court of Appeals, Western Section, since 1995. She was the first woman to serve on that court and has written more than 1,000 opinions on appeals from trial courts across the state.

“We are fortunate to have someone with Judge Kirby’s depth of experience to serve on the Tennessee Supreme Court,” Haslam said. “Her impressive record of service will benefit Tennesseans in this position, and I am pleased to announce her appointment.”

Kirby’s opinions have covered a range of civil law, including business and commercial litigation, employment law, tort law and family law. Prior to her appointment to the Tennessee Court of Appeals by Gov. Don Sundquist, Kirby was a partner at the Memphis law firm Burch, Porter and Johnson. [Read more…]

Appeals Court rules against rock quarry foes

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Information from WYSH Radio

The Tennessee Court of Appeals late last week ruled against a group of citizens who had sued the city of Clinton and the Rogers Group over the city’s rezoning of land near the Bethel community to allow for the road-paving company to reopen its controversial rock quarry.

Citizens for Safety and Clean Air had filed the suit, alleging that the city’s rezoning of the land to M-2—or heavy industrial use—had been capricious and arbitrary and that it had constituted illegal spot zoning.

Anderson County Chancellor William Lantrip ruled against the plaintiffs earlier this year, and the case was appealed. [Read more…]

After board declares them unfit, city posts ‘Danger’ signs on four Applewood buildings

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Applewood Apartments Danger Signs

The Oak Ridge municipal staff has posted yellow “Danger” signs on units at four Applewood Apartment buildings on Hunter Circle.

A few days after a city board declared them unfit, the Oak Ridge municipal staff posted yellow “Danger” signs on four Applewood Apartment buildings on Hunter Circle, officials said.

Posted on Tuesday, the placards say the 48 apartment units have been deemed unfit for human occupation or use, said Denny Boss, Oak Ridge code enforcement supervisor. The notices cannot be removed until the structures are repaired or demolished.

Joe Levitt, the Knoxville attorney who owns the apartments, disagrees that they are dangerous.

“The buildings are in satisfactory engineering and architectural condition,” he said Thursday. “There’s no question about that.” [Read more…]

Board reaffirms decision to declare four Applewood buildings ‘unfit’

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Applewood Apartments Board Hearing

Jim Odle of Odle and Young Architects in Knoxville shows a picture of a repair during a Thursday code enforcement hearing on four Applewood Apartments buildings. Also pictured at front center is Joe Levitt, owner of the apartment complex.

With no objections from members, a city board on Thursday reaffirmed a decision from more than two years ago to declare four Applewood Apartment buildings unfit for human occupation and use, and declare them nuisances.

Joe Lee, a member of the Oak Ridge Board of Building and Housing Code Appeals, said the board’s November 2010 decision on the four buildings on Hunter Circle has already been upheld by the Anderson County Chancery Court and the Tennessee Court of Appeals.

It wasn’t immediately clear what might happen next, including whether apartment owner Joe Levitt, a Knoxville attorney, might appeal the decision, and whether the city might issue an order to vacate the buildings. [Read more…]

Board will consider ‘unfit’ designations for four Applewood buildings

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A Tennessee appellate court has sent an order to demolish four Applewood Apartment buildings back to a municipal board, and that board is scheduled to consider “unfit for human occupation and use” designations—but not demolitions—during a Thursday afternoon meeting.

The Oak Ridge Board of Building and Housing Code Appeals had ordered the four buildings on Hunter Circle demolished on Nov. 11, 2010. The order was upheld by the Anderson County Chancery Court, but Applewood Apartments owner Joseph J. Levitt Jr., a Knoxville attorney, appealed. [Read more…]