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Commission authorizes county attorney to refile suit over Bridal Arrow Court trees after safety concerns and debate
Summary
The commission authorized the county attorney to refile suit concerning Bridal Arrow Court after road supervisors reported roadside trees that they said posed safety and maintenance issues; commissioners debated property rights and liability before approving the action.
Roane County commissioners authorized the county attorney to refile a civil enforcement action concerning tree limbs and roadside hazards along Bridal Arrow Court after the road superintendent and several commissioners described trees they said were threatening road safety.
Commissioner Brackett moved the resolution to authorize refiling. Supporters said the trees create safety risks to drivers and school buses and that prior attempts by county crews to address the vegetation had been met with resistance from the property owner. Opponents warned that filing county litigation over private trees could set a precedent and expose the county to expense without a clear legal path to victory.
Commissioner Cunningham urged enforcement where public safety is threatened, noting the potential for gravel or limbs in the roadway to cause accidents. Commissioner Gannon questioned whether the owner had been contacted and said he was reluctant to involve county resources in what he considered a private dispute unless county staff had exhausted voluntary remedies.
Road superintendent comments and deputies' involvement were discussed; commissioners said deputies had been called during one attempt to clear debris and that the road department had withdrawn rather than escalate a confrontation. The county attorney confirmed that some costs would be expected if the county pursued court-ordered abatement, including expert witnesses such as arborists.
After debate and a motion to call the question, the commission voted to authorize the county attorney to refile the suit. Commissioners who supported the motion emphasized safety for motorists and school buses; opponents raised concerns about cost and precedent but the motion carried.
The commission did not direct immediate tree removal by county crews; instead it granted the county attorney authority to refile the matter in court where a judge could determine whether the trees create a public nuisance that warrants removal or other remedies. The county attorney said litigation could include costs for arborists and other experts and that staff would attempt to minimize expense where possible.
The resolution was adopted by voice vote after commissioners debated the appropriate process and checks on county action.
