By Tabitha Evans Moore
Editor & Publisher

LYNCHBURG, Tenn. — The Metro Council voted Monday night to defend the county against a lawsuit filed by Gateway Development Corporation over the Planning Commission’s denial of a preliminary site plan for a townhome project. The vote followed a failed attempt to postpone the decision to October.

County Attorney Bill Rieder told the council the case, a writ of certiorari asking the court to reverse the Planning Commission’s denial, has been tentatively scheduled for December 14 before Chancellor Cox. He said that date would decide the matter outright, not merely whether it proceeds to trial, though the ruling would be subject to appeal. Rieder declined to give his opinion of the county’s chances in open session, citing the pending litigation, and referred to a memorandum and a closed-door discussion held with council and Planning and Zoning members in August 31. He said the council did not have to decide the matter that night, but wanted direction either way.

Sunny Moorehead made a motion to delay the decision until October but it failed. During discussion, Robert Bracewell argued for voting immediately, reasoning that a delay would only make sense if new information were expected and that the outcome would likely be the same either way. A roll call vote was taken on the delay motion but it failed 1-10 with Bradley Dye voting in favor of delaying the decision and Robert Bracewell, Sunny Rae Moorehead, Payton Keller, Arivs Bobo, Amy Cashion, John Oosting, Jason Estfon, Dexter Golden, Brady Goodwin, and Peggy Blackburn voting against a delay until October.

Bradley Dye then made a motion to defend the lawsuit, which passed 10-1 with Robert Bracewell, Sunny Rae Moorehead, Payton Keller, Arivs Bobo, Amy Cashion, John Oosting, Jason Estfon, Dexter Golden, Brady Goodwin, and Bradley Dye voting in favor of defending the lawsuit and Peggy Blackburn casting the lone no vote. Before the vote, Robert Bracewell asked Attorney Rieder what the worst-case scenario would Moore County lose the lawsuit as well as a rough estimate of the cost of defending. Reider told the group the worst outcome would be the court granting Gateway the preliminary site plan approval it’s seeking, and estimated litigation costs to the county at $12,000 to $15,000, cautioning that figure was a rough guess.

Members Shane Taylor, Douglas Carson, Brandon Ross, and Regina Adcock were all absent from the meeting. •

About the Lynchburg Times: The Lynchburg Times is Moore County’s locally owned, independent news source and the only local media source owned by a Lynchburg native. Our reporting is supported by readers, small business partners, and underwriters who believe community journalism matters. If this story was valuable to you, consider becoming a supporter at lynchburgtimes.com.