ExoticRidge resolution fails before Hawkins County Commission
ROGERSVILLE, Tenn. (WJHL) — Potential legal issues remain a center focus in Hawkins County after county commissioners did not vote on a settlement allowing crypto company ExoticRidge to begin construction and operate in Bulls Gap.
The resolution failed due to a lack of a second, meaning the settlement with ExoticRidge was rejected.
Hawkins County citizens clapped as no second was put forth, but this may mean legal trouble for the county.
Back in January, the crypto company put forth a settlement with Hawkins County, citing many “legal realities” that would allow the facility to establish itself, regardless of the initial ban put on crypto and data mining back in September.
“I understand why some commissioners and citizens thought a strong response was necessary,” Hawkins County Mayor Mark DeWitte said. “Strong action must also be lawful action. Decisions made outside of clear legal authority can expose taxpayers to expensive litigation and unintended consequences. Governing requires both responsiveness and restraint.”
DeWitte told the crowd that ExoticRidge met with the commission in an executive session in January, presenting its proposed settlement focused mainly on enforceable noise limitations. No votes were taken in that session, and DeWitte said he does not publicly endorse or oppose the company’s plans.
ExoticRidge CEO Will Daughtery addressed the commission and citizens, saying the company already had a substantial amount of documented commitments and permits before the September resolution was even passed.
He pointed out that Hawkins County failed to properly invoke the County Powers Act and cannot forbid a private company from establishing itself in the county.
“This commission had deemed Hawkins County a constitutional sanctuary,” Daughtery said. “Under Tennessee law, when a party incurs substantial obligations before a regulatory change, vested rights arise. Those rights are not discretionary. They are legal protections against retroactive government action. The resolution singled out one lawful land use and banned it outright without evidence of great impact, without water concerns, without air violations, and without attempting tailored regulation first.”
Regardless of possible litigation, many Hawkins County residents still do not want the facility in Bulls Gap.
Multiple public comments cited environmental and health concerns, as well as inadequate transparency from the commission or ExoticRidge.
“Mr. Will, when you were asked at the Bulls Gap City Hall meeting if you would be okay with your family or your children living near [the facility], you gave a very weak ‘no’ and moved on,” one resident said. “May I ask you what makes my family and my children any different?”
Some residents are glad the resolution failed; however, Hawkins County may find itself in possible legal trouble.
“Hawkins County comes to the problem too late with too little,” Commissioner Larry Clonce, who sponsored the resolution, said. “I understand your problems, but I don’t think we can win this fight.”
ExoticRidge sent a statement to News Channel 11 after the meeting:
We are disappointed in the Commission’s lack of action and resulting rejection of the settlement.
The agreement before the Commission addressed sound through enforceable limits and continuous monitoring across the entire operation. It provided a reasonable path forward while recognizing the substantial investments and binding commitments made before the ban was enacted.
Our legal rights under Tennessee law are not altered by tonight’s vote. We will consider our next steps carefully including almost certain litigation. Our preference remains a lawful, practical resolution grounded in facts.
ORIGINAL ARTICLE: https://www.wjhl.com/news/local/exoticridge-resolutions-fails-before-hawkins-county-commission/
