UPDATE 3:30 p.m.: Winston S. Evans has told NashvillePost.com that the Allen family is currently debating whether or not to file an application for the case to be heard by the Tennessee Supreme Court.
As originally reported:
The Tennessee Court of Appeals has upheld a trial court's decision justifying Metro government's use eminent domain for the acquisition of an easement in Antioch. The property, a rural tract of land owned by Dean R. Allen and Shirlee A. Allen, was acquired for the construction of sewer lines in March of 2005.
A neighboring developer, Global Development, originally wanted to buy the land in order to construct sewer infrastructure to serve a housing subdivision. Without the land, Global would have had to build a pump station to serve the subdivision. When the company did not promise the Allens access to the sewer line, negotiations between the parties broke down.
Global then contacted Metro government about taking possession of the property. Metro government took a stake in the situation because a constructed pump house, although built by the private developer, would be handed over to the government and become Metro's responsibility.
The Allens initially contested they had not been granted an extension to the five-day deadline to challenge the original take. The trial court ruled against the couple and the recent appellate court ruling agreed that the trial court did not “abuse its discretion in failing to grant them an extension of time within which to question the right to take,” the filing states.
“The Allens have not identified any inadequacies in the hearing,” the document goes on to state. In addition, Judge Andy Bennett writes that the Circuit Court decision made by Judge Barbara Haynes showed that Global's development met the eminent-domain requirements for public use.
"The provision of sewer service to those who live in the new development qualifies as a public use, regardless of the fact that Global also benefits from the condemnation, and even if the Allens cannot tap onto the line," they wrote.