County Answers Homeowners Association in Legal Dispute over Subdivision Roads

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.

December 23, 2019
By: Dwayne Page

Although even one death is too many, DeKalb County has seen fewer traffic fatalities and lake drownings in 2019 compared to the previous year.

With one week left in the year 2019, a total of three people have lost their lives due to DeKalb County crashes, down from eight in 2018, and one drowning has been recorded on Center Hill Lake compared to three last year.

A 20 year old Warren County man was killed in a motorcycle crash on Monday, March 11 on Highway 70 east at a guardrail near Sligo bridge (Smithville side).

Trooper Chris Delong of the Tennessee Highway Patrol said Zane Jefferson was traveling west on Highway 70 on a 2004 Suzuki motorcycle when he failed to negotiate a curve and slid into the guardrail. Jefferson, who was wearing a helmet, died at the scene. Members of the DeKalb County Sheriff’s Department and DeKalb Volunteer Fire Department were also on the scene to render assistance.

A suspected drunk driver believed responsible for a fatal head on crash in March on South Congress Boulevard was named in a sealed indictment returned by the DeKalb County Grand Jury in November.

39 year old James Christopher Vaughn was indicted for driving under the influence, vehicular homicide, vehicular assault, simple possession of a schedule VI drug (Marijuana), and failure to maintain lane of travel.

The crash occurred on Sunday, March 31. 65 year old Bessie Blevins was seriously injured and died two months later.

According to Smithville Police, Vaughn was driving north on South Congress Boulevard in a Chevy Cobalt when he crossed into the southbound lane and struck a Mercedes SUV driven by Billy Blevins near the intersection of Congress and Bryant Street. Bessie Blevins was a passenger.

After impact, Vaughn’s car came to rest in the center of the road and burst into flames. The SUV stopped in the grass on the west side of Congress Boulevard.

Vaughn, though seriously injured in the crash, was not believed to have suffered any burns. He apparently got out of his car before it caught fire. Before going to the hospital, Vaughn submitted to but performed poorly on field sobriety tasks. Vaughn’s speech was slurred and he was unsteady on his feet. He also had a strong odor of alcohol coming from his person. Vaughn agreed to a blood test. He was taken by DeKalb EMS to Saint Thomas DeKalb Hospital and then airlifted to Vanderbilt University Medical Center.

Bessie Blevins was taken by EMS to the hospital. Mr. Belvins went to the hospital by private vehicle.  She passed away Wednesday May 29 at St. Thomas Rutherford Hospital in Murfreesboro.

The crash was investigated by Smithville Police Sergeant Travis Bryant.

A 67 year old Smithville woman, Linda Lawrence, who was airlifted to Vanderbilt Hospital after a one car rollover crash Friday night, November 15 on West Main Street later died.

Trooper Bobby Johnson of the Tennessee Highway Patrol said Lawrence was driving east in a 1995 Geo Prizm when the car went off the right side of the road and struck a curb, utility pole, and guide wire before overturning and coming to rest on its top. Members of the Smithville Volunteer Fire Department were called for extrication to enable Lawrence to be removed from the car. She was wearing her seatbelt. Lawrence was taken by DeKalb EMS to Ascension St. Thomas DeKalb Hospital and then airlifted to Vanderbilt Hospital where she passed away.

A man lost his life on Center Hill Lake Wednesday afternoon, July 17.

73 year old Joe Elkins of White County was believed to have drowned.

In a media release, Sheriff Patrick Ray explained what happened.

“On July 17th at 4:47 pm, DeKalb Central Dispatch received a call of a possible drowning at the Johnson’s Chapel Boat Ramp. When deputies arrived on the scene, they found the victim receiving CPR. The victim was identified as 73 year old Joe Elkins of White County Tennessee. It appeared Elkins and another person were swimming at the Johnson’s Chapel Boat Ramp area when Elkins was found to be struggling in the water. The person who was swimming with Elkins tried to retrieve Elkins from the water and also shouted to other people who were in the area for help. Elkins was pulled out of the water and CPR was administered to Elkins at that time,” said Sheriff Ray.

Elkins was transported to St Thomas DeKalb by DeKalb EMS where he was pronounced deceased. Elkins’ body was then transported to the State Medical Examiner’s Office in Nashville for an autopsy.

December 23, 2019
By: Dwayne Page

The Smithville Cumberland Presbyterian Church is again sponsoring a drive thru mobile food pantry on Saturday, January 4 rain or shine.

In partnership with Second Harvest Food Bank of Middle Tennessee, the church plans to prepare enough food boxes to serve up to 300 families regardless of their income status, on a first come, first served basis.

(VIEW VIDEO FROM THE DRIVE THRU MOBILE FOOD PANTRY ON NOVEMBER 10, 2018)

IMG_2628 from dwayne page on Vimeo.

Families will receive enough food to last them for a full week. Second Harvest will bring in pallets of food on trucks. The food will then be off loaded and organized in preparation for the distribution.

Registration begins at 8:00 a.m. and the food will be distributed stating at 9:00 a.m. Unlike most food distributions, those being served by the mobile pantry will not have to get out of their automobiles. They will drive thru in a pickup line and volunteers will deliver the food directly to their vehicles, placing the food boxes either in the back seat or trunk. Cars will line up facing north on College Street across from the Smithville Cumberland Presbyterian Church.

“We will line up right across from the church (Smithville Cumberland Presbyterian Church) on College Street. We’ll start registration at 8:00 a.m. We’ll need the name of the recipients and how many families are being served. We’re limited to two families per vehicle to make sure we have enough food,” added Isaac Gray, Minister of the Smithville Cumberland Presbyterian Church.

Others who wish to volunteer may show up Friday, January 4 or call for more information at 615-516-6662 or 615-597-4197 between 8 a.m. and noon.

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