Unicoi County Subdivision Dispute Makes it to Court

Unicoi Co., Tenn.—    Over the past few months, we’ve kept you connected to developments in a story of a newly built subdivision in Unicoi County. Homestead estates is located off Highway 107.
    The roads and sewers there are unfinished, and not up to county code. Somehow, the county approved them, and now, developer Lester Orsburn says he’s not responsible for improvements. The county disagrees.
    Today, for the first time, Unicoi County and Orsburn’s company, Tennessee Equities, took their arguments before a judge.
    Residents of the unfinished Homestead Estates subdivision sat in Unicoi County’s Circuit Court.
    Brad Flynn is one of them. He is suing the subdivision developer, and the county, for negligence in regard to his street, Homestead Drive.
    “What happens in this motions hearing will impact not only their case,“ says Flynn. “but also impacts our case.“
    Wednesday’s motions hearing: Unicoi County vs. Tennessee Equities. 
    The county wants developer Lester Orsburn to bring the roads in Homestead Estate up to standard, and until they are, the county wants Orsburn to stop selling land in the subdivision.
    Orsburn’s attorneys presented their defenses. One dealt with county attorney Doug Shults.
    The defense says that because Mr. Shults, as a private attorney, issued a title insurance commitment for lot 40 of Homestead Estates subdivision, that’s reason enough for the county to bear the burden of fixing the roads. They say that because Shults is also the county attorney, and he deemed the lot marketable then, it should be implied that the county accepted the road.
    The county disagrees. The county’s lawyer said his action as a private lawyer does not bind the county to implied acceptance.
    Now, a judge will decide if the defense can use these arguments in court, and whether Shults can represent the county mayor and commission in this case.
    Those decisions must come before future court proceedings.
    Those who live in Homestead Estates are willing to wait as long as necessary to make sure their road is up to code.

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