The residency case involving Loudon County Commissioner Julia Hurley will continue after Chancellor Frank V. Williams III on Monday denied an appeal from Hurley’s attorney, T. Scott Jones.
The appeal was filed following a Sept. 18 hearing in which both sides met at the Roane County Courthouse to review motions to dismiss and disqualify 9th Judicial District Attorney General Russell Johnson. Williams rendered an initial decision in July.
Commissioner Van Shaver initially questioned Hurley’s residency in July 2019 after learning of her move on social media from her elected second district into the fifth district.
Jones said Hurley’s move was “temporary” for an investment property. A copy of the lease provided by Johnson in February showed a one-year agreement with a tenant for Hurley’s property on West 5th Avenue in Lenoir City.
Tennessee Code Annotated 2-2-122 states that a person cannot lose residence if the intention is to return. Hurley moved back to her original address in August, Jones said.
“She moved there on a temporary move for an investment purpose, and the Tennessee Act actually provides that she’s legally entitled to do that,” Jones said. “Other folks have made temporary moves, judges and folks of that nature, as long as the intention is not to be permanent. She had to remain in the property in order for it to not be considered rental property or an investment property for a year.
“This is a Van Shaver mess where Van got to barking and everybody got to listening to the yaps,” he added. “If we litigate this case win, lose or draw and it’s a moot point, then we have to go do it all over again and we waste all this time and all these depositions and all these thousands upon thousands of dollars ... which by the way if Loudon County loses, they’re writing a big check. In the meantime, Ms. Hurley has moved back to her original district and she now is safely ensconced in her address. The other property is now rented just exactly like it was intended to be.”
Following Williams’ decision to deny the appeal, Jones will file a request for the Tennessee Court of Appeals to “take a look at the matter.”
The trial is set to take place April 8-9 at Lenoir City Municipal Building.