Lawsuits

Declarant and FGCC v. Isaac Zuercher (Hanover Court)

On July 14, the Declarant, FGH Land Tennessee, LLC (owned by Tom Anderson), filed a lawsuit against Zurich Homes after Zurich began paving

Hanover Court, which is currently a gravel and crusher-run road. According to the lawsuit, the existing road improvements were previously paid for by the owners of 14 Hanover Court. Hanover Court is already home to two families. Zurich Homes purchased Lots 12 and 15 and has constructed homes on those properties. The two new homes will essentially complete the cul de sac.

The lawsuit centers on the Declarant’s authority under Article VI, Section 3 of the Fairfield Glade Covenants, Conditions, and Restrictions (C&Rs). The Declarant contends that this provision gives it the exclusive authority to determine when roads will be constructed or improved within Fairfield Glade.

The Fairfield Glade Community Club was also named as a defendant. According to the complaint, the Declarant first asked the Club to stop Zurich’s work. The Club declined to take legal action to prevent the paving, although Attorney Ken Chadwell did send Zurich a cease-and-desist letter.

Notably, the Declarant is not arguing that paving Hanover Court would be harmful or that the project lacks merit. Instead, the dispute is about who has the authority to decide when and where road improvements may occur. The Declarant’s position is that those decisions rest exclusively with the Declarant—not with the Club, developers, homeowners, or other parties.

For many years, non-Declarant developers and homebuilders, including companies such as Zurich Homes, have participated in improving roads within Fairfield Glade. The current lawsuit reflects what appears to be a recent assertion by the Declarant that no road improvements may proceed without its approval.

Whether that interpretation of the C&Rs serves Fairfield Glade’s long-term interests is a question many residents may wish to consider.

As part of the lawsuit, the Declarant has asked the court to issue a temporary restraining order and temporary injunction to stop the paving project while the case proceeds. A hearing was originally scheduled for July 24, and counsel for Zurich and the Declarant agreed that Zurich would not resume construction before that hearing. However, the hearing did not go forward because it was not properly scheduled.

The hearing has now been reset for August 18 at 9:00 a.m. in the Chancery Court at the Cumberland County Justice Center, 60 Justice Center Drive, Crossville, Tennessee.

As with any pending litigation, the court has not yet ruled on the merits of the parties’ claims.