Wednesday, September 14, 2016
Notice of Appeal Filed by Landowners
By Walter F. Roche Jr.
Six Eastern Tennessee residents who live along the Nolichucky River have filed formal notice that they will appeal the dismissal of a suit they filed challenging the legality of a permit issued for a controversial 12-mile pipeline to the river.
In a notice filed in Davidson Chancery Court in Nashville, the attorney for the residents, said the decision will be appealed to the state Court of Appeals.
The appeal follows the dismissal of the suit filed by local residents who argued that the Tennessee Department of Transportation did not have the legal authority to issue a permit to any entity other than a public utility.
Judge Claudia Bonnyman, however, ruled that the residents did not have legal standing to challenge the permit. She also rejected a subsequent motion for reconsideration filed by Nashville attorney Elizabeth Murphy.
The pipeline is being utilized by US Nitrogen which is using water from the Nolichucky in its manufacturing process.
Plaintiffs in the case are Ann Calfee, Richard Wisecarver, Robert Sapp, Ruth Dolan, Jeremiah Cluesman and Reuben Stone.