Doc: Land v Blevins

A rock-mining lawsuit filed in Sequatchie County three years ago may finally go to trial soon in Hamilton County Chancery Court, according a chancellor’s ruling this month.

Chancellor Howell Peoples ruled recently that he could not decide the case based solely on the briefs and requests filed by both parties seeking summary judgment.

His ruling also states that a recent Tennessee Appeals Court case involving rock mining in the Cumberland Trail State Park likely will influence the outcome of the upcoming trial involving the mineral and land rights of George Avery Land v. Tracy McDaniel and her family.

“This (Cumberland Trail State Park) opinion makes it clear that regardless of how the substance to be removed is classified (rock or mineral), the method of removal and resulting condition of the surface after the removal is a key consideration,” Judge Peoples’ ruling states.

In the Cumberland Trail State Park case, Tennessee Appeals Court judges voided a ruling that favored mineral rights owners. The Appeals Court judges sent the case back to Hamilton County Chancellor Frank Brown, saying he should not have decided the case by summary judgment and he should now consider the damage done to the land in order to mine the rocks.

The state park case was brought after miners tore up a portion of the Cumberland Trail near Soddy-Daisy to remove mountain stone for Florida-based mineral rights owner Lahiere-Hill Inc. The mountain stone has become a very popular landscaping and home-building commodity.

Ms. McDaniel, who with her parents and other family members are defending their 66 acres against a lawsuit by the mineral rights owner, has summed up the fight to keep heavy machinery from digging up the surface of property to strip mine for rock as one of logic.

“They say the rock is a mineral and our deed wrongly states that the surface rights go with the property,” Ms. McDaniel said shortly after the suit was filed. “Well, when you own property, what do you own? The air above the property?”

On Friday she said she is amazed the case is taking so long to decide.

“We offered to buy the mineral rights before, but they turned us down,” she said. “And we’ll make the offer again, but I’m amazed that no one has been willing to rule on this. Somebody is going to have to lose, but nobody wants to make that decision.”

Thomas A. Greer Jr., attorney for the mineral rights owner, said he doesn’t know when the case will be set for trial, but he agreed it’s clear the Cumberland Trail State Park case will affect the outcome.

“I don’t think I should comment much beyond that,” he said.

Ms. McDaniel’s attorney, Keith Grant, of Dunlap, Tenn., could not be reached for comment.

The case had been transferred from Sequatchie County to Hamilton County months ago to avoid conflicts.

Comments