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Town ponders annexation ruling


A recent court decision could pave the way for Farragut to resume its press for property at the corner of Kingston Pike and Canton Hollow Road.

Disc Exchange co-owner Darrell Tipton lost his 16-year battle earlier this month with the City of Knoxville over the annexation of his half-acre of property on Kingston Pike. All the surrounding property resides in city limits, but his little island was deemed part of the county and not part of the city.

The Tennessee Supreme Court denied his last chance for an appeal. The high court’s refusal to hear the case upholds a state Court of Appeals ruling in January against Tipton and his co-owners, Michael L. Ross and Dale M. Ross. The court ruled since the property around him was already annexed, it was only logical his property be annexed as well.

Town administrator Dan Olson said Farragut currently has no plans to move forward with any annexation issues.

What implications could the court decision have on Farragut?

Town attorney Tom Hale said the first thing it may mean is a case that has been in legal limbo for two years may go to trial.

Hale said the town annexed the corner at Canton Hollow Road and Kingston Pike a couple of years ago, but property owners filed a lawsuit to stop the annexation. According to the lawsuit, plaintiffs Michael N. Schaad and John H. Schaad, et al, allege the town of Farragut has failed to meet the requirements put forth in the new annexation laws.

David Buuck, a Knoxville attorney representing plaintiffs Michael N. Schaad and John H. Schaad, said in the past to farragutpress the town has no grounds for the annexation.

Buuck was unavailable for comment.

“We now have certainty about what the law is on the subject,” said Hale. “We have a much better shot at it. If we can prove it’s reasonable for the people in the annexed area and the people in the town, then, I think we’ve got the ability to win that case.”

He said the town annexed the area at Canton Hollow Road, but the pending lawsuit prevents further action until the case is settled.

“That has already been annexed,” he said. “We’ve just been sitting, waiting. We’ve not taken any action with respect to it.”

No trial date is pending in the matter.

 

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