Hurley residency case remains unsettled

Jeremy Nash news-herald.net

The case concerning Loudon County Commissioner Julia Hurley’s residency was part of a “docket sounding” Sept. 4 at the Loudon County Courthouse Annex.
About 40 attorneys spoke with Chancellor Frank V. Williams on pending cases during the final day of the August term in Loudon. Some of the cases are several years old.
The next available court term is in December, Russell Johnson, 9th Judicial District attorney general, said.
“We were wanting our case set for trial, even though the two sides have not yet engaged in ‘discovery’ and Hurley has not yet answered our original petition,” Johnson said in an email correspondence. “We wanted it set to have a date to work toward trial in order that we could push to have our petition answered, discovery started and concluded, before the trial date and to get this issue resolved by a trial in front of the chancellor in December.”
The sides were not able to decide on a trial, he said.
“We are trying to get Hurley and her attorney to agree to have a hearing on putting down an order from our last hearing on Sept. 17 and for the chancellor to give us a scheduling order — an order stating here is the date you are to have discovery completed, here is a date you are to have all pre-trial motions filed by, here is a date when we will hear those motions argued, here is a date by which you will provide your witness list for trial, etc.,” Johnson said.
The chancellor has asked both sides to come back before him Thursday concerning motions by T. Scott Jones, Hurley’s attorney, for dismissal and to disqualify Johnson as a legal representative. Jones filed the motions in April that Williams first reviewed in July.
Jones argued in July the case was “improperly filed” because Loudon County Commission Chairman Henry Cullen cannot act as principal and surety. Williams ordered another person sign the bond. He also rejected Jones’ motion to disqualify Johnson.
Jones’ assistant was at the docket sounding.
“I’m not adverse to a trial date, I just simply will not be pushed into a trial date that is expedient but favorable for the opposing side when I’ve not done due diligence in what I need to do to prepare,” Jones said. “I thought I made that clear when I filed that discovery.
“I think you’ll note that my discovery has still not been responded to, albeit they were given and we agreed filing that not this hearing ... but the one before that where the chancellor made the ruling that they would respond to that in time,” he added. “Obviously, we will expound upon that, we will do that, we’ll take depositions of everyone, we will obtain their text messages, we will explore their version of the Sunshine Law, particularly the fact that the communication between one or more commissioners relative to Ms. Hurley. I suspect that we’re getting ready to open Pandora’s box.”
Jones confirmed Hurley has put the property in Loudon County’s fifth district back on the market and that the renter has moved out of the property on West 5th Avenue in the second district. He has emphasized the move was only temporary and that Hurley would return after “turning a piece of real estate.”
“I guess to a certain extent that opinion’s always up to the chancellor, but it moots the arguments that have been propagated of other members of commission — particularly Van Shaver and the general relative to it,” Jones said. “I mean it is indicative of the fact that that was what she intended to do all along. So I don’t know that it renders the entire litigation null, but it certainly doesn’t help the state’s case.”

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9/21/20