Legal process could hold up Julia Green expansion

Friday, November 9, 2012 at 1:54pm

The proposed expansion of Julia Green Elementary School in Green Hills could face a roadblock if a complicated legal process regarding one of the adjoining properties isn’t resolved.

Metro filed a condemnation petition against the property at 3404 Hobbs Road in Davidson County Circuit Court on Thursday that lists 12 respondents, all of whom have various claims against the home.

The home is owned by Dwayne Kemp and his ex-wife Lavita Bays-Kemp, according to court papers. Bays-Kemp filed for bankruptcy in May.

“There’s kind of a complicated lien issue because the first mortgage lien on the property was not released ... so that’s why you’ve got so many defendants,” Metro attorney Andrew McClanahan said.

“You name all those people as respondents, so they can come forward and assert whatever interest they have in the property and then the court sorts all that out.”

The court typically sets a possessory hearing date within 30-45 days after the petition filing, McClanahan said. That’s when those with an interest in the property can come forward and challenge Metro’s amount of just compensation. A challenge of that compensation amount could result in a jury trial.

According to the court filings, Metro is offering $469,000 for the property. The .52-acre lot and single-family home was last appraised for $534,000 in 2009.

JP Morgan Chase Bank, who funded one of the two mortgages on the home, is beginning their foreclosure process on the home, McClanahan said.

The court filings also indicate that Kemp attempted to sell the house to a Williamson County resident in May, but his ex-wife’s signature wasn’t on the title.

Mayor Karl Dean allocated money in this year’s capital budget in order to fund the property acquisition. Eventually, MNPS plans on constructing a new wing with 12 new classrooms to help with space issues at the school.

Metro is also negotiating with the property owners at 3400 Hobbs Road, but that property isn’t completely adjacent to the school.

1 Comment on this post:

By: Rasputin72 on 11/10/12 at 6:10

Why does the NAACP allow this school to prosper and teach children?