Lawsuit dropped over use of Mill Street

Construction and Paving Services, Inc., (CAPS), 311 Cherokee Park Drive, Elizabethton, yesterday dropped its lawsuit against the City of Elizabethton over use of Mill Street by CAPS trucks.
   Chancellor G. Richard Johnson signed the order to dismiss the suit without prejudice yesterday afternoon. It was scheduled for non-jury trial on Wednesday.
   On April 11, 2001, CAPS filed suit after the Elizabethton Police Department ticketed CAPS trucks for violating "No Thru Trucks" signs posted on Mill Street, a residential neighborhood.
   On March 29, 2001, CAPS sought and was granted a Temporary Restraining Order by Circuit Court Judge Thomas J. Seeley Jr. prohibiting the City of Elizabethton from enforcing the "No Thru Trucks" signs "until further Order of this Court."
   Timothy B. McConnell of Baker, Donelson, Bearman and Caldwell, 207 Mockingbird Lane, Johnson City, represented CAPS. City Attorney Roger Day represented the City of Elizabethton.