Judge’s order affirms developer’s construction access through inhabited Bridgemore section


Judge’s order affirms developer’s construction access through inhabited Bridgemore section

Regarding a lawsuit brought against the Town of Thompson’s Station by a local developer, a Williamson County Chancery Court judge issued an order on Wednesday in favor of the plaintiff in the case, Shaw Enterprises.

Regarding a lawsuit brought against the Town of Thompson’s Station by a local developer, a Williamson County Chancery Court judge issued an order on Wednesday in favor of the plaintiff in the case, Shaw Enterprises.

After the Thompson’s Station Planning Department refused to issue a grading permit, the developer of phase five of Bridgemore Village, Shaw Enterprises, sought and was granted a writ of mandamus from the court, which is an “extraordinary remedy” used to enforce a clearly established legal right or to compel a public official to perform his or her legal duties.

The dispute between town staff and the local developer centered on the construction access Shaw Enterprises proposed in its construction plans for Bridgemore. Town Administrator Joe Cosentini told the Home Page a grading permit was not issued for phase five of Bridgemore because construction access had not been approved.

The access proposed by the developer runs through an already inhabited section of Bridgemore, something town staff was seeking to prevent in order to prevent damage to roadways, Cosentini said.

At the Feb. 11 court hearing, Cosentini testified the roads in the older sections of Bridgemore have largely not yet been top-coated, and a significant amount of damage had already been done.

In his memorandum and order issued on Wednesday, Chancery Court Judge Michael W. Binkley wrote because the Thompson’s Station Planning Commission “validly voted to issue a grading permit,” then the town planner has no authority to disregard the vote and must issue the permit.

According to Binkley, even in the absence of the planning commission’s vote, the grading permit still must be issued. He wrote the construction plans had received the stamp of the town engineer, which “necessarily constitutes approval of construction access.”

Thompson’s Station town staff are now “permanently enjoined” from interfering with the grading of phase five of Bridgemore. The order also affirmed Shaw Enterprises’ right to have its construction traffic access the site via the intersection of Clayton Arnold Road and Robbins Nest Road.

Quint Qualls covers Spring Hill from Home Page Media Group. Reach him at quint@springhillhomepage.com.

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