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| | Wednesday, April 16, 2014
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Dunn asks for dismissal of Norwood case
District Attorney General for the Fourth Judicial District James B. “Jimmy” Dunn says he doesn’t want to be involved in a lawsuit filed by Attorney Herb Moncier on behalf of Don and Gaylelynne Norwood, and the prosecutor has asked Judge Duane Slone to dismiss the case. DA Dunn says the complaint filed in Cocke County Circuit Court, is styled as a “Quo Warranto” action brought on his behalf, and as such requires his consent. But after review of the allegations and responses, the prosecutor says “I hereby decline to participate or give my consent to this action by using my name and title.” The Norwood couple develop subdivisions in Cocke County and recently filed a lawsuit naming Cocke County and County Mayor Vaughn Moore, the Cocke County Regional Planning Commission and members Phil Morgan and Lee Willis, along with the Cocke County Legislative Body and it’s chairman Norman Smith. . Several years ago the Norwood’s developed a “high-end residential community” known as the Critter Mountain Estates. The approved plan for the development called for a public road to be constructed and the developers posted a letter of credit to guarantee the road construction so that the county would not be responsible for the road construction cost in the future. But the lawsuit says the economy turned against property developments, the project stalled and only two parcels were sold between 2008 and 2011..... as a result the proposed road was not constructed. Later because the road was not built, the planning commission “called” the $66,000 letter of credit, with plans to use the money to construct as much of the planned road as possible with the amount of money available. The lawsuit alleges the move by the planning commission was politically motivated, and stemmed from "secret" meetings of certain defendants. The action asked for a temporary restraining order to prevent the bank from paying the letter of credit to Cocke County or any of it’s entities, and so Judge Slone issued a temporary order pending a response by the various defendants. Last week attorneys for the defendants responded saying the defendants cannot be sued individually because they have immunity under state law, and the motion asks that the litigation be thrown out.
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