Landowners File to Dismiss East Fork Road Lawsuit

Overton County landowners have filed to dismiss a lawsuit brought forth by the county over the proper use and access of East Fork Road.

Attorney Will Ridley represents the landowners in the case. He filed the motion to dismiss the case on the grounds that the lawsuit is unconstitutional.

“The motion is what’s called a 12b motion that says the county, and through their attorney, has failed to state a claim on which relief can be granted,” Ridley said. “Specifically, they failed to make any allegations that gives them the right to sue these folks and take an illegal and unconstitutional grab of folks’ property without without just compensation.”

The dispute began after property owners along East Fork Road closed access to the roadway which leads to a popular swimming spot known as the ‘blue hole.’ Chancellor Ronald Thurman denied the county’s request for a restraining order in October, allowing the property owner to continue blocking access to the road.

Representatives of both sides appeared before Chancellor Thurman during a status hearing in chancery court Thursday.

Ridley said the landowners have filed a counter-complaint against the county and a county commissioner for violating his clients’ 5th amendment rights and inverse condemnation.

“Our stance is that the county is basically trying to steal peoples’ properties from them without paying them for it,” Ridley said. “If a government actor wants to take property and condemn it, they can do so. But they have to provide just compensation.”

The case will go before Chancery Court in Putnam County Friday beginning at 10 a.m.