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Aug. 30, 2010
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Can a Development Be Forced to Have Sidewalks Built?
The Kingsport, TN. Regional Planning Commission originally required the installation of concrete sidewalks on both sides of each street in the design of a residential development in Sullivan County. In order to begin selling lots the developer posted a bond to delay the installation of the sidewalks @ the same time the curbing was to be installed on the sides of all streets. When the planning commission sued the developer after approximately 1 year to initiate the installation of the sidewalks the developer utilized delaying litigation to prevent the planning commission from calling in the bond.After 3 1/2 years the court and the appelate court ruled in favor of the planning commission. The planning commission offered and approved a proposal to selectively install sidewalks on only one side of the streets in the development instead of both sides. The selectively approved path of installed sidewalks indicated sidewalks in front of residents who did not want side walks and no sidewalks in front of some residents who wanted sidewalks. Is the approved proposal by the Kingsport Regional Planning Commission fair and impartial to all residents and property owners without recourse or other compensation? Have civil rights been violated? The Kingsport Regional Planning Commission is the duly state of TN. Constituted authority with regard to planning of developments within the urban growth boundary of the city of Kingsport.
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