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Commission votes to dismiss roadside tree lawsuit, sends issue back to highway subcommittee after heated debate
Summary
The Roane County Commission voted 8‑7 to dismiss a lawsuit over trees adjacent to a county road and then unanimously voted to send the matter back to the highway department subcommittee for further review. Commissioners debated county liability once the county is put on notice of a hazardous condition.
The Roane County Commission on Feb. 10 voted to dismiss a lawsuit tied to trees along a county road and then sent the matter back to the highway department subcommittee for additional review and possible action.
A motion to dismiss resolution 012504 (the lawsuit authorization) was made by Commissioner Hendrickson and seconded by Dexter Gann; the recorded roll call was 8 in favor, 7 opposed. After the dismissal vote the commission voted (voice vote) to return the same resolution to the highway department/subcommittee so the highway committee can examine the situation and make recommendations.
County Attorney (addressing the commission) summarized the governing liability standard: "The county's liability ... attaches when you become aware that there's a defective condition or a dangerous condition with the roadway when you put on notice." He told commissioners the highway department had been alerted and that utility and private‑line issues had been investigated in some cases. Several commissioners said they had inspected the road and pointed to trees with visible root systems that, they said, could fall across the only road in and out of the area and endanger school buses and residents.
Opponents warned dismissing the original filing after it had been brought forward could set a precedent for re‑litigating items that bypass committees; proponents said returning it to the highway committee restored the committee review the item should have had. Commissioners also raised questions about where rights and responsibilities lie when trees overhang a county right‑of‑way and when utilities (telecommunication or electric lines) are involved; staff said some leaning trees were anchored by private telecommunication lines and that the county had contacted the line owner to ensure they address the hazard.
The commission’s next step is for the highway department/subcommittee to examine the road, document hazard ratings and return recommendations to the full commission.
