Bay Hill owners to sue
Two Bay Hill Village homeowners associations plan to file a lawsuit against the man who is proposing a controversial development at in their neighborhood on the Tennessee River.
Richard Bachelor, a member of one of those groups, told the Limestone County Commission Monday that the homeowner association believes the landowner, Joel Wilson, is in violation of homeowner regulations and said they plan seek legal action against him in circuit court.
Bachelor said he was at the meeting to alert commissioners that Wilson had started a “show of defiance” by starting to dig on the plotted lot lines that are still in question.
The commission is awaiting an opinion from State Attorney General Troy King on the matter.
“We want to know do we have the authority to enforce those homeowner regulations? If we have that legal right, then we have to decide if we want to jump in the middle of this,” said Commission Chairman David Seibert.
County Engineer Richard Sanders said the county has no authority to tell Wilson what he can and can’t do on this property at this point. But he added, the attorney general’s opinion should tell the county if it can enforce the homeowners’ guidelines.
Wilson, operating as D.J. Wilson Construction Inc., is planning to build on two different lots that he owns at Bay Hill. Those two lots cover approximately one acre.
Bay Hill Village residents say the construction of the six homes on the two lots will block the waterfront view and decrease the value of their homes. They asked the county earlier to intervene and block the plan.
Commissioners sent a letter last month to King, asking that he issue an opinion whether Wilson is in violation of the restrictive covenants for Bay Hill Village Phase II and whether the commission should disapprove the plan.
Sanders said commissioners were advised by the county attorney and liability insurance carrier to seek the opinion from the attorney general in order to determine if the planned construction at Bay Hill is subject to restrictions.