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EDB files motion to dismiss lawsuit

The Joint Economic Development Board of Unicoi County (EDB) filed an answer and a motion to dismiss the lawsuit filed last month by the Unicoi Water Utility District Board against the EDB. The town of Unicoi and Exit 32, LLC, were also named as defendants in the lawsuit.
According to court documents the suit, which was filed in the Chancery Court for Unicoi County on Jan. 14, involves the installation of a 10-inch water line by the utility district for a distance of approximately 4,360 feet from Unicoi Elementary to the 16.85 acre tract owned by Exit 32, LLC, which is located on Interstate 26 at Exit 32. The 10-inch water line replaced a 4-inch water line.
“The developer, Exit 32, LLC, required this large water line to be in service in order to successfully market the development even though the property was already served by the utility district,” the suit states. “The project was originally estimated to cost approximately $150,000.00, but efficiencies used by the utility district resulted in a final cost of $83,219.13.”
In August 2008 the town reportedly gave Exit 32, LLC representative Brian Dunbar preliminary approval for a 14-lot development at Exit 32. According to court documents, plans initially called for the development to include a restaurant, hotel, convenience center and other businesses.
“Of great significance to the plaintiff [the utility district], and the defendants town and Joint Development Board, the project at Exit 32 would generate much needed revenue for the town and county, as well as provide a significant number of jobs to the new businesses which were built on the site,” the suit states.

For the remainder of this article please see the February 19, 2014 edition of The Erwin Record.