Ducktown must meet conditions after Kimseys settle lawsuit

  • Joanne and Larry Kimsey have agreed to a settlement with the City of Ducktown that will fix the sidewalk that was demolished in front of their home on Main Street. The city’s new sidewalk stopped short of the Kimsey’s home after the Kimseys challenged what Ducktown officials promised versus the construction that was about to take place.
    Joanne and Larry Kimsey have agreed to a settlement with the City of Ducktown that will fix the sidewalk that was demolished in front of their home on Main Street. The city’s new sidewalk stopped short of the Kimsey’s home after the Kimseys challenged what Ducktown officials promised versus the construction that was about to take place.

    Joanne and Larry Kimsey and the City of Ducktown have resolved the Kimsey’s lawsuit filed against the city over two years ago.

    The lawsuit was brought by the Kimseys after the city exceeded an easement to improve upon the existing walkway in front of the Kimsey’s Main Street home.

    The two parties have agreed to construct the walkway as stated in “Option 2,” which is the completion of the walkway in a way that would fall within the first easement and would remain outside the Kimsey property’s fenced area.

    According to an order filed in The Chancery Court of Polk County, Tennessee, the following has been agreed upon:

    1. The city will be allowed to construct a sidewalk and other necessary structures shown in “Option 2.” The city will maintain a permanent easement as noted in the diagram to the extent needed to maintain said sidewalk and stairs in a manner that is usual and customary for municipality in maintaining a walkway easement. The Kimseys agree they will not interfere with the public’s use of said walkway;

    2.The temporary easement noted in “Option 2” will expire eight months after the entry of the order;

    3. All previous easements granted by the Kimseys are null and void;

    4. The city acknowledges that the current plan will not alter the elevation on the Kimsey property from that elevation of the Kimsey property prior to construction beginning on the sidewalk project;

    5. The only permanent construction inside the existing fence of the Kimsey property will be for the purposes of tying the Kimsey sidewalk coming from the Kimsey home to the new sidewalk;

    6. The Kimseys will be given a copy of the blueprints as soon as the city receives its copy, or within a reasonable time therefrom, and prior to the beginning of construction;

    7. They city is willing to consider whether it is feasible and appropriate to add a handicapped parking space on the road in front of the Kimsey property, but is not bound to add said space; and

    8. The city will pay to the Kimseys the sum of $1,700 for impact on their property. This will be the total sum of any damages awarded to the Kimseys.