Chancellor dismisses suit against Pennington

By Gary Nelson / gnelson@crossville-chronicle.com

May 21, 2008 06:52 am

— A Cumberland County businessman and his attorney intend to recoup thousands in legal costs from the county after a lawsuit against him and his company was recently dismissed in Chancery Court.
Last week Chancellor Ron Thurman granted a motion to dismiss the lawsuit filed by Cumberland County against Paul Pennington and Tennessee Recycling and Sanitation.
"I'm very happy and relieved by the decision," Paul Pennington said. "My permit by the state has been granted for quite some time now and I can now go on with the planning and building of my transfer station. This whole thing has put a big toll on me and my family. All I'm trying to do is earn an honest living offering a service that is needed in this county."
Pennington, who is represented by attorney Thomas Monceret, filed a motion to dismiss the case against him and his business because he applied for a permit by rule with the state of Tennessee to operate a solid-waste transfer station on his property at 1550 Hwy. 68. That permit was granted by the state last December.
Thurman's ruling indicated Pennington's business is classified a solid-waste transfer station and not a solid-waste processing station.
The county alleged in its suit Pennington should have filed for a permit through the county under the Jackson Law giving Cumberland County jurisdiction over the business. Cumberland County filed the suit after an uproar was made by several Cumberland Homesteads residents who do not want the transfer station in the historic community.
The lawsuit sought a declaratory judgment count in order to prevent Pennington from building a solid-waste transfer station on his property.
"We intend pursuing that my client's legal expenses be reimbursed by the county. Up to this date those expenses are in excess of $15,000. He is certainly entitled to those in light of the ruling," Pennington's attorney Thomas Monceret said.
The Homestead Defense Association (HDA), a nonprofit association, was formed last fall in response to Pennington's application to build a solid-waste transfer station.
The HDA hired its own independent attorney, James Thompson, in addition to help advise them with the county's lawsuit. Thompson, who resides in Crab Orchard, has the same name as the county who works for Cumberland County.
"I'm really disappointed ... we're not giving up at this point ... we're going to do some research and see how the group feels," said HDA member Vickie Vaden.
As of press time Tuesday afternoon, HDA had planned a meeting Tuesday evening to discuss the ruling. Members did not indicate whether or not the group would file its own independent suit.
"The money and time that the county and some Homestead Defense group members have spent is very disturbing to me and my family. That money would have been much better spent on the schools, children and homeless of Cumberland County, versus an issue that had already been ruled and permitted by the state of Tennessee as acceptable. I can only hope in the days to come that the residents of Cumberland County will realize my endeavors are in their best interest," Pennington said.
In filing its suit against Pennington, the county alleged Pennington and his company had been burning garbage and allowing debris to fly in the air and also alleged the presence of rodents and leakage on his property. Residents expressed concerns of possible property value loss in the area, unpleasant odors and health hazards.
Two people submitted statements on behalf of the county stating they had witnessed burning and the presence of garbage at the facility. Those statements were taken into account regarding Thurman's decision.
"It has never been my intent to deface the value of any area, but only to protect my company and provide a minimal cost to the taxpayers of Cumberland County for a service needed and required. Any Cumberland County citizen, other than a member of the Homestead Defense group, is welcome to come to my facility and see and learn the truth of the facility I am going to provide for Cumberland County," Pennington said.
Cumberland County attorney Jim Thompson previously explained to the county commission if Pennington's operation falls under the word transfer, then it does not come under the jurisdiction of the county and could be operated under a permit by rule, which falls under jurisdiction by the state. However, if the business operation falls under process, then it does fall under the county's jurisdiction — the Jackson Law.
During Monday night's Cumberland County Commission meeting Thompson told commissioners, "Chancellor Thurman's ruling is that the Jackson Law does not apply in this case ... The state of Tennessee has exclusive jurisdiction and the county has no jurisdiction what so ever."
"Well, that clears everything up. I guess we know better now," said 3rd District Commissioner Lynn Tollett.
Thompson said he expected Thurman's order in the case to be filed Tuesday.