The Bee Rock summary judgement has been appealed.
Circuit Court Judge Jonathan Young ruled in Monterey’s favor last month for the use of the easement leading to the overlook. Monterey Attorney Danny Rader said Garden Inn Owners Michael and Mirtha Kopec went back to the court.
“Kopec’s and the Garden Inn have appealed,” Rader said. “Everyone has the right to appeal an adverse decision. We feel strongly that everything was done correctly and Judge Young’s decision was correct in all respects. We look forward to defending this matter on appeal.”
Rader said the appeal does not affect the public use of the park. Proposed bathroom and signage additions will continue as Monterey sees fit. Rader said a three judge panel will hear the appeal and determine the outcome of the lawsuit. Rader said appeals are usually resolved in about nine months.
“The court clerk will have to prepare what is called the record, which will be filed usually within about 60 days,” Rader said. “Then, the Kopecs will have thirty days to file a brief. Then, we on behalf of the town of Monterey will have thirty days from then to file our brief. Usually, an appeal is resolved in six to nine months.”
Three randomly selected judges from the state Court of Appeals will consider the briefs and give a written opinion. Rader said both parties could request an appeal to the Tennessee Supreme Court after this hearing.
“Everyone has a right to request an appeal to the Tennessee Supreme Court,” Rader said. “The Kopecs may request an appeal to the Supreme Court, or the town of Monterey may if the appeal does not go our way. The Tennessee Supreme Court does not hear many cases, and it is probably unlikely they will hear a case of this type.”
Rader said the Kopecs do not have to release their reason for appealing for another 90 days.
The Kopec’s Attorney Michael Kress declined to comment.
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