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On September 11, 2006, attorney David L. Buuck filed a lawsuit in Knox County Chancery Court on behalf of several residents of the Thorn Grove / Midway Road community against the Knox County Commission and the Metropolitan Planning Commission.
The suit contests the August rezoning by Knox County Commission of approximately 378 acres of land at Midway Road for an industrial park at the behest of The Development Corporation of Knox County (TDC) and 9.5 acres adjoining the proposed industrial park by developer Victor Jernigan.
The lawsit was filed after a 16-3 vote on August 28th where Knox County Commission approved the rezoning of approximately 378 acres of agricultural land at the behest of TDC, and an adjacent 9.5 acre tract on behalf of developer Victor Jernigan.
Hundreds of concerned residents attended the County Commission meeting and the July 13th MPC meeting to oppose the industrial park rezoning request. At the MPC rezoning hearing, TDC's request to rezone the property to HI Heavy Industrial zone was rebuffed by the MPC as clearly inappropriate for the area. However, the MPC did approve rezoning the property to Commercial and BP Business Park in an attempt to "back door" the industrial park.
The Complaint alleges, among other things, that the rezoning action by the MPC and Knox County Commission "constitutes an instance of arbitrary and unreasonable spot zoning" and "confers a special privilege furthering the private interests of the applicants TDC and Jernigan, while depriving plaintiffs and other property owners in the neighborhood of their rights, values and privileges in and to their properties. . . "
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