Landowners File Amended USN Complaint

By Walter F. Roche Jr.

Eastern Tennessee landowners have filed an amended complaint in their suit challenging the legality of a permit issued by the Tennessee Department of Transportation for a 12 mile dual pipeline from Greene County to the Nolichucky River.
The 21-page complaint charges that TDOT issued the permit without verifying that a right of way actually existed along state Routes 348 and 340.
The controversial pipeline is being utilized by US Nitrogen which operates an ammonium nitrate manufacturing facility in Midway.
The amended complaint was filed in Davidson Chancery Court by Elizabeth Murphy, the attorney representing the property owners. A recent ruling by Chancellor Ellen Hobbs Lyle authorized the amendments.
The amended complaint states that TDOT was responsible for verifying the existence of the right-of-way.
Two of the plaintiffs have charged that the pipeline was actually installed on their properties.
"TDOT failed to identify such a right-of-way even after being advised of a dispute... TDOT exceeded its legal authority and also failed to require a performance bond," the revised complaint states.
In addition the complaint states that the land owners, Don Bible and Jack Renner, "are further entitled to an equitable remedy, including injunctive relief requiring the removal of any portions of the pipeline that are not within the highway right-of-way."
The suit is one of two remaining challenging the US Nitrogen project, including the pipeline.
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