Members of the county’s Policy and Personnel Committee voted 3-0 Tuesday to send to the full Warren County Commission a resolution authorizing county attorney Rick Stacy to file a lawsuit against Nadine Sain and Laura Fults for violating the subdivision regulations of the Warren County Planning Commission.
Stacy informed members of the committee that Sain purchased a piece of land located on Airport Lake Road in 2012. The land was illegally subdivided to Laura Fults in late 2013.
Stacy said the Planning Commission became aware of the situation in January 2014. The Planning Commission and county codes enforcer Nolan Ming referred the case to Stacy.
“She illegally subdivided a portion of that property and conveyed that to Laura Faults,” said Stacy. In our opinion, it is a violation of the subdivision regulations that we have in Warren County. Of course, I cannot predict what the court will do but, it is our recommendation to take this before the court and try and remedy this.”
County Executive John Pelham said the problem has been ongoing and the county has previously tried to rectify the situation with Ms. Sain.
“Our previous codes enforcer, Jason Simmons, went to her house and explained to her there couldn’t be three mobile homes. There could only be two on the property. If there were more than two, a person had to go before the Planning Commission and there had to be roads and certain things had to be done because you are basically establishing a trailer park.
After that, there had been a third trailer that was pulled in. Jason went back to the residence.
And, what Jason reported to me was there was the third trailer but, it had not been hooked up to power. It was just sitting there. That didn’t constitute a violation, I suppose. But, then when it was hooked up, which we realized sometime later after receiving a phone call, we realized that property had been deeded off.”
Pelham asked if anyone had contacted Sain since the third trailer had been hooked up.
“Have we contacted her to say, ‘You are going to have to take these off?’” Pelham asked.
Stacy said, “As I understand how she conveyed this is it would not be a violation of the mobile home regulation because you don’t have three trailers on one parcel of property. It appears to have been done for the purpose of circumventing those regulations. That’s why we’re where we are now.”
The question was asked how power was hooked up to the residence if it was not legal.
Ming said, “I went and met with Caney Fork when I first heard about it. I asked how they could connect power. They said as long as they had a deed.”
Stacy said, “We believe this property was illegally subdivided. It appears clear that it was. We need to get the court to rectify that,” said Stacy.
Commissioners present at the meeting were Wayne Copeland, Charles Morgan and George Smartt. Those absent were Ken Martin and Kenneth Rogers.