April 22, 2019
By: Dwayne Page
The Chancery Court is being asked to intervene in a dispute between the county and a local homeowners association 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 has not yet filed an answer.
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.
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.
The homeowners assert 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.
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.
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.