NASHVILLE, Tenn.—April 21, 2014—Franklin-based law firm Todd Moore PLC has successfully defended the Town of Chapel Hill in a developer-brought lawsuit over the reallocation of water and sewer taps.
In an opinion handed down April 15, 2014, the Tennessee Court of Appeals upheld an earlier ruling by the Marshall County Circuit Court in the case of Ronald Lampley, et al v. Town of Chapel Hill, Tennessee, et al.
Real estate developer Lampley purchased taps for public water and sewer utilities from Chapel Hill and, per the same agreement, the town extended the sewer line to the project site. However, Lampley lost the property to foreclosure before any development occurred. When the land was later purchased by a third party, the town transferred the associated taps to the new owners. Lampley sued for $250,000 in damages—the full amount he had initially paid—claiming the taps were still his to use elsewhere.
Attorneys Todd Moore and Matthew Crigger effectively argued the municipality’s position that the water and sewer taps allocated for a certain project were tied to the land—not to the developer.
The higher court affirmed that position, finding that the initial agreement between the town and the developer sufficiently “evidences the parties’ intention that the sewer and water taps were to be used in connection with the development of the property the developer owned when the agreement was executed.”
The opinion further states: “When the developer lost the property through foreclosure, the developer had no more interest in the taps.”
Lampley has 60 days to file an appeal to the Tennessee Supreme Court.
The win for Chapel Hill means thousands of taxpayer dollars saved.
Moore, who serves as Town Attorney, said he appreciates the opportunity to represent the municipality’s interest. “We are very pleased to have achieved a favorable outcome in this case, which amounts to a significant savings of public resources.”
About Todd Moore PLC Attorneys at Law:
Established in 1999, Todd Moore PLC is a full-service law firm offering legal services and expertise for individuals, businesses and governments. Areas of practice include contract law, family law, land use and zoning, estate planning, and criminal defense. Offices are located in Cool Springs, at 3326 Aspen Grove Drive, Suite #310 in Franklin. The firm serves clients throughout the state of Tennessee. For more information or to schedule a consultation, call (615) 290-5354 or visit www.ToddMoorePLC.com.
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