December 24, 2019
By: Dwayne Page
The Chancery Court is being asked to intervene in a dispute over the status of roads in the Hurricane Pointe Subdivision located off of Coconut Ridge Road.
The county contends that the roads in question are not “county roads” but the Hurricane Pointe Homeowners Association believes they do belong to the county and has filed a petition in Chancery Court seeking a declaratory judgment. The homeowners want the court to declare that these are public roads and that the county is responsible for maintaining them.
The lawsuit was filed in DeKalb County Chancery Court on March 18. The county filed an answer on September 6.
According to the homeowners group, the roads have fallen into a state of disrepair and now pose a danger to anyone who travels them. The specific roads in question are Williamson Circle, Davidson Road, Patrick Court, Mica Court, Maury Lane, Wilson Circle, and Rutherford Lane.
In its answer, the county asserts that “the roads in Hurricane Pointe Subdivision are not on the official DeKalb County Road list and are not shown as county roads on the official DeKalb County Road Map. The developer failed to obtain approval of the roads in the subdivision by the DeKalb County Commission. The complaint fails to state a claim upon which relief can be granted,” the county contends.
According to the petition, the developer of the subdivision was Waterfront Group Tennessee, LLC. and that on August 9, 2004 the DeKalb County Regional Planning Commission approved a preliminary plat with 73 lots with an additional 95 lots in two other phases for the subdivision. The first section was completed September 23, 2004; the second section October 25, 2004; and the third section was finished May 26, 2005.
The homeowners group contends that the planning commission and the DeKalb County Road Supervisor at that time worked closely with the developer and continuously communicated with one another to insure that the roads were being constructed to the appropriate standards.
The petition further states that the county inspected the roads within the development and the preliminary plats of the subdivision were presented to the DeKalb County Regional Planning Commission for approval. The plats were subsequently approved unanimously by the planning commission and recorded in the Register of Deeds Office.
In its answer, the county asserts that “DeKalb County relies on (state law) which provides that the approval of a plat by the Regional Planning Commission shall not be deemed to constitute or effect an acceptance by any county or by the public of the dedication of any road or other ground shown upon the plat.”
The homeowners claim that the roads in the subdivision were approved by the county, that the bond posted by the Waterfront Group was released upon completion, inspection, and approval of the roads, that the county’s engineer visited the site on several occasions, and that the roads were later maintained under the supervision of DeKalb County.
“DeKalb County denies that the roads in the Hurricane Pointe Subdivision are continuously worked under the supervisions of DeKalb County or its agents,” the county answers.
According to the homeowners, the developer complied with every request or demand made in furtherance of having the roads within Hurricane Pointe Subdivision accepted by DeKalb County and that the developers’ bond was released by the planning commission evidencing that the roads had been completed to the county’s specifications and requirements.
“It is admitted that the developers bond was released by the DeKalb County Regional Planning Commission but denies that the roads were completed to the Planning Commission’s specifications,” the county claims in its answer.
As further evidence, the homeowners claim that the county previously spent tax dollars maintaining the roads using county road department employees, dump trucks and equipment to do asphalt and ditch work, and supplied stop signs; that the county refused to allow them (homeowners group) to place gates at the entrance of the subdivision; that the residents of the subdivision purchased their lots/homes with the understanding and belief that the roads were county roads; and that the residents and general public continue to use the roads.
The homeowners further assert that the roads are used by mail carriers, emergency vehicles, school buses, sheriff’s department patrols, and the public at large including to a cemetery within the subdivision.
Hurricane Pointe Homeowners Association is represented by the Law Offices of Moore Rader Fitzpatrick & York PC in Cookeville.