The Tennessee Supreme Court on Monday upheld a decision of the Chancery Court for Franklin County to permit the continued development of Cooley’s Rift, a 1,400-acre residential development near Monteagle, despite objections from some original homeowners to changes in the development plan. In 2005, after the president of the original developer of Cooley’s Rift died, New Life Development Corp. purchased the real property and the rights to develop Cooley’s Rift. Several existing property owners objected to New Life Development’s revised plans for the property and filed suit in the Chancery Court for Franklin County. The trial court dismissed property owners’ suit, but in 2009, the Court of Appeals instructed the trial court to decide whether the revised plans were contrary to implied restrictions in the subdivision plat or the development documents. In a unanimous opinion, the court ruled that the homeowners’ association had validly adopted the amendments.
Permanent link to this article: http://www.thunder1320.com/?p=17121