Will reopen dismissed lawsuit against Jonesborough

JONESBOROUGH, Tenn. (WJHL) — Tennessee Hills Distillery’s federal lawsuit against the Town of Jonesborough has been dismissed without prejudice, leaving Tennessee Hills free to re-file the case — something its co-owner said the company is currently planning to do.

distillery He sued the town in U.S. District Court on Jan. 31. A disputed property that Tennessee Hills claims as its own is at the center of the lawsuit’s allegations, but it also accuses the town of interfering with “legitimate business practices.”

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The company asked Judge Charles Atchley to dismiss the case in a motion filed Nov. 12 by its attorney, Clark Jordan. Don Spurrell resigned as Tennessee Hills attorney on Oct. 4 and Jordan has not yet found a replacement lead attorney, the motion said.

Tennessee Hills co-owner Scott Andrew told News Channel 11 the company “absolutely” believes it’s still a case worth pursuing.

“They have provided no evidence that the town owns the property that we suspect,” Andrew said, referring to an 830-square-foot parcel used for outdoor seating outside the distillery.

But it looks like another deadline is approaching for Tennessee Hills as well.

Judge Charles Atchley dismissed five of the case’s eight charges in October and also ordered Tennessee Hills to file an amended complaint before Nov. 1 that eliminates those charges and all actual allegations related solely to those charges.

No changes were made, and on November 8, Atchley signed an order requiring Tennessee Hills to show “good cause” why its case should not be dismissed “for failure to comply with the orders of this court.”

The reasoned response had to be given by 22 November at the latest. It is unclear whether a dismissal without prejudice on November 15 would make this decision moot.

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