City lawsuits ready
By Thomas Wilson
STAR STAFF
twilson@starhq.com
Two lawsuits involving the city of Elizabethton,
a "milk truck" and a flooding problem are scheduled to come
before Judge Thomas Seeley in the Circuit Court of Carter
County on Friday.
A lawsuit filed by local businessman Floyd Storie
is seeking more than $11,000 in damages from the city of Elizabethton
and two businesses hired to do work for the city following
a flooding incident July 3, 2001.
The lawsuit filed by Elizabethton Attorney Lanny
Norris on behalf of Floyd Storie, president of Floyd Storie
Roofing Contractor Inc., contends that in autumn 1999, the
city was contemplating purchasing property formerly owned
by Elizabethton Herb & Metal and located on the west side
of Storie's business at 518 Hattie Avenue.
According to the lawsuit, the city required an
environmental survey and report concerning the property as
a condition to purchase the land. The city hired the firm
of Tysinger Hampton & Partners Inc. of Johnson City, which
took core samples and performed other related work. Shortly
after purchasing the property, the city hired Appalachian
Landscaping Inc., of Elizabethton to trim and remove brush
and do landscaping work.
Storie's lawsuit alleges that when the city bought
the land there was a drainage culvert on the southern portion
of the property designed to capture rainwater and carry it
to the storm water drainage system. Having inspected the property,
the city should have known about the existence of the culvert,
Storie claims.
Prior to July 3, a large steel plate was "negligently
placed" over the culvert's opening and never removed, thus
blocking the flow of water into the drainage culvert, according
to the suit. Following torrential rainfall occurring on July
3, rainwater that normally would have been carried away from
Storie's property through the culvert instead began to accumulate
and was channeled down onto his property, the lawsuit contends.
Storie claims that water approximately 24 inches deep coursed
through his building, damaging $8,000 in personal property
stored in a warehouse, and resulted in $3,012.50 in cleanup
and restoration costs.
The suit alleges that the defendants were negligent
in placing and failing to remove the steel plate from the
culvert after work was completed, and that they are jointly
and severally responsible. Storie is seeking $11,012.50 in
damages and asks that legal costs be taxed to the city. Attorney
John Rambo of Jonesborough is representing the city in the
Storie case.
The court is also scheduled to hear a lawsuit
filed in November 2002 by Dr. Joe May naming the city and
code enforcement officer, Capt. Tom Bowers, as defendants.
The lawsuit had sought damages against the city and the return
of a refrigerator truck owned by May that had been held at
the city's impound yard since October 2001, according to court
documents.
The city's code enforcement officer, Capt. Tom
Bowers, cited May into City Court in October 2001 after he
failed to remove a "milk truck" from his property on West
G Street. The officer had placed a notice of violation on
the windshield of the truck on Sept. 19, 2001 advising the
owner that he was in violation of city ordinance and that
he had 10 days to correct the problem. The tags on the truck
expired in 1989 and the registration was no longer on file,
according to the officer's report. After Bowers returned to
find the truck had not been moved, the truck was towed to
the city's impound lot.
Bowers later issued May a citation for failure
to abate a nuisance after notice. City Judge Lewis Merryman
subsequently dismissed May's violation when he appeared in
City Court on Oct. 15, 2001 ruling that the officer couldn't
prove the vehicle was a nuisance. General Sessions Judge John
Walton dismissed May's suit against the city in January 2003
citing a lack of jurisdiction by Circuit Court as a venue
to hear the case. The case was then moved into Circuit Court.
The attorney representing the city, K. Erickson
Herrin of Jonesborough, filed a motion for summary judgment
and dismissal of the case on Jan. 16, 2003. Herrin's motion
contended that May filed the complaint with the Circuit Court
on Nov. 12, 2002, more than one year after the vehicle was
towed and more than one year after the dismissal of the "nuisance"
charge.