Pubdate: Mon, 17 May 2004 Source: Tullahoma News (TN) Copyright: The Tullahoma News 2004 Contact: http://www.zwire.com/site/news.cfm?newsid=49033&BRD=1614&PAG=461&dept_id=161 070& Website: http://www.tullahomanews.com/ Details: http://www.mapinc.org/media/2031 Author: Wayne Thomas LAWSUIT IS FILED OVER METHAMPHETAMINE SIGNS A second lawsuit has been filed by Winchester attorney Jere Hood in connection with meth raids by area law enforcement. Hood filed the suit in Franklin County Circuit Court against Franklin County and Citizens Community Bank on behalf of his client Felecia Sells. In the suit, which only gives one side of a legal argument, the attorney states that drug investigators from the Franklin County Sheriff's Department filed a notice with the Register of Deeds Office on a house at 303 Tennessee Avenue, Cowan on Dec. 19, 2003 and Feb. 13, 2004 that stated "A clandestine laboratory for the manufacture of illegal drugs and/or hazardous chemicals was seized at this location on the date of Oct. 30, 2003 (and a similar notice on the Feb. 13, 2004 date)." "This letter serves as a warning and notification that although the clandestine drug laboratory was seized and processed by law enforcement from the Franklin County Sheriff's Office and disposed of by licensed hazardous waste contractor, there may be hazardous substance or waste products at or on our property." The suit alleges that "prior to the filing of the notices in the Register of Deed's Office, no testing was performed to indicate the level of contamination and the extent to which any potential health hazard maybe posed by the alleged seizures in either incidence and the practice and procedures implemented by deputies or investigators of the Franklin County Sheriff's Department acting under color of the law and governmental authority constitutes a taking of a valuable property right without any due process of law. The notices on their face are defective in that they are addressed to persons who were not property owners of the property in question in either of the notices, although the name of the true owner was clearly indicted on the tax card attached to said notices and filed of record in each case." The suit also alleges, "that the posting and filing of documents referred to has severely restricted and taken away from any effective use of the property and has destroyed it's market value to that is a liability rather than asset to the owner." The suit continues to allege that, "the property in question is now uninsurable and therefore cannot be utilized for occupancy. It has no collateral market value since banks will not loan money on the property." In the suit, the attorney alleges that "there is no statutory authority in place in the State of Tennessee for the posting of such notices by Franklin County, Tennessee, through it's deputies, investigators and other personnel of the Sheriff's Department nor is there a statutory procedure set forth for the indexing and filing of such letter/notices hereinabove filed with the Register of Deeds Office. Therefore such posting and notice filings are therefore illegal and contrary to law." In the suit, the attorney asked that "upon a final hearing of this cause, the plaintiff be deemed to have suffered a wrongful taking and/or inverse condemnation of her valuable property together with incidental reasonable costs, disbursements and expenses, including a reasonable attorney, appraisal and engineering or other fee actually incurred because of the activities of this proceeding." The lawsuit alleges that Sells is entitled "to damages for the negligence and wrongful taking and/or inverse condemnation of plaintiff's property and demunition of it's value and it's restricted usage without due process or other lawful statutory authority." The suit asked that Sells be awarded $45,000 along with attorney fees. Hood filed a similar suit on behalf of George Reid and his wife following a similar raid on the Centennial Grocery store. In a raid on that location, deputies posted a similar notice on the property when they allegedly found components of a meth lab. - --- MAP posted-by: Josh