{"id":15007,"date":"2022-04-26T22:20:25","date_gmt":"2022-04-26T22:20:25","guid":{"rendered":"http:\/\/egrowonline.com\/?p=15007"},"modified":"2022-04-26T22:20:25","modified_gmt":"2022-04-26T22:20:25","slug":"bitcoin-mine-trial-set-for-july-11-13-wjhl","status":"publish","type":"post","link":"http:\/\/egrowonline.com\/?p=15007","title":{"rendered":"Bitcoin mine trial set for July 11-13 | WJHL"},"content":{"rendered":"<p> <br \/>\n<\/p>\n<div>\n<h2 class=\"has-text-align-center\"><strong><em>BrightRidge, mine owner make new dismissal motion saying BrightRidge not subject to county regulations<\/em><\/strong><\/h2>\n<p>JONESBOROUGH, Tenn. (WJHL) \u2014 The final outcome of a trial determining the fate of a Washington County, Tennessee Bitcoin mine may come by mid-July, while the defendants in the case have filed a new motion for dismissal and supporting brief.<\/p>\n<p>Electric utility BrightRidge and Red Dog Technologies, the mine\u2019s owner, claimed in the new brief that BrightRidge isn\u2019t subject to local zoning laws or permitting requirements because it is \u201ca political subdivision of the state.\u201d If found valid, that claim would make moot the county\u2019s case to shut down the noise-producing mine in rural Limestone.<\/p>\n<div class=\"nlp-ignore-block article-content rich-text\">\n<aside class=\"promo-link\">\n\t<a target=\"_blank\" href=\"https:\/\/www.wjhl.com\/news\/local\/judge-rules-bitcoin-mine-violates-zoning-laws-but-allows-appeal\/?ipid=promo-link-block1\" class=\"promo-link__link\" rel=\"noopener\"><br \/>\n\t\tPREVIOUS: Judge rules Bitcoin mine violates zoning laws but allows appeal\t<\/a><br \/>\n<\/aside>\n<\/div>\n<p>County commissioners learned Monday that BrightRidge and Red Dog have dropped their appeal of Chancellor John Rambo\u2019s earlier ruling that the mine violates the county\u2019s zoning rules. <\/p>\n<figure class=\"wp-block-image size-large\"><img decoding=\"async\" loading=\"lazy\" width=\"1573\" height=\"930\" src=\"https:\/\/www.wjhl.com\/wp-content\/uploads\/sites\/98\/2021\/07\/7-27-featured.jpg?w=900\" alt=\"\" class=\"wp-image-912223\" srcset=\"https:\/\/www.wjhl.com\/wp-content\/uploads\/sites\/98\/2021\/07\/7-27-featured.jpg 1573w, https:\/\/www.wjhl.com\/wp-content\/uploads\/sites\/98\/2021\/07\/7-27-featured.jpg?resize=300,177 300w, https:\/\/www.wjhl.com\/wp-content\/uploads\/sites\/98\/2021\/07\/7-27-featured.jpg?resize=768,454 768w, https:\/\/www.wjhl.com\/wp-content\/uploads\/sites\/98\/2021\/07\/7-27-featured.jpg?resize=1218,720 1218w, https:\/\/www.wjhl.com\/wp-content\/uploads\/sites\/98\/2021\/07\/7-27-featured.jpg?resize=1536,908 1536w, https:\/\/www.wjhl.com\/wp-content\/uploads\/sites\/98\/2021\/07\/7-27-featured.jpg?resize=50,30 50w, https:\/\/www.wjhl.com\/wp-content\/uploads\/sites\/98\/2021\/07\/7-27-featured.jpg?resize=876,517 876w\" \/><figcaption>Controversy continues over noise produced at a Bitcoin mine in rural Washington County, Tennessee.<\/figcaption><\/figure>\n<p>The tactical change by the defendants, Wilkinson said, \u201cdoes not change the legal ruling \u2026 the ruling was favorable to the county that the operation of a Bitcoin mine is inconsistent with the zoning resolution.\u201d<\/p>\n<p>The now-dropped appeal had delayed a second portion of the trial, in which BrightRidge and Red Dog would have argued that even if the mine violated zoning rules and didn\u2019t have a permit, the judge shouldn\u2019t allow its shutdown.<\/p>\n<p>Wilkinson told commissioners she believed the county has a strong position against that argument.<\/p>\n<p>\u201cIt\u2019s an affirmative defense where they say, \u2018even if that\u2019s so you don\u2019t get to enforce your zoning because of conduct of the county,\u2019 what they would attribute to the county.\u201d<\/p>\n<p>The full trial is set for July 11-13 in Washington County Chancery Court. <\/p>\n<p>\u201cThe good news is if someone was going to raise a legal argument on appeal, it\u2019s always good to hear it sooner than later \u2026 rather than have the appeal go up and then come down and then have the trial,\u201d Wilkinson said.<\/p>\n<p>It\u2019s now assured more than a year will have passed from when the mine\u2019s rural neighbors began to complain about excessive noise in late April and early May of 2021. Red Dog and BrightRidge responded to those complaints last spring and summer with efforts to mitigate noise from fans that help cool high-powered computers. Those computers perform complex mathematical processes to both \u201cmine\u201d for new Bitcoins and verify Bitcoin transactions.<\/p>\n<div class=\"nlp-ignore-block article-content rich-text\">\n<aside class=\"promo-link\">\n\t<a target=\"_blank\" href=\"https:\/\/www.wjhl.com\/news\/local\/commissioners-to-brightridge-on-bitcoin-mine-please-shut-it-down-until-you-can-fix-noise-issue\/?ipid=promo-link-block2\" class=\"promo-link__link\" rel=\"noopener\"><br \/>\n\t\tPREVIOUS: Commissioners to BrightRidge on Bitcoin mine: Please shut it down until you can fix noise issue\t<\/a><br \/>\n<\/aside>\n<\/div>\n<p>Wilkinson declined to comment Tuesday when asked about the county\u2019s position on the new motion for dismissal. She said the county will continue its approach at trial. <\/p>\n<p>\u201cThe county will still argue the position that Red Dog operating a Bitcoin mine without a permit, in property that is not zoned to allow that, is unjust enrichment of both Red Dog and BrightRidge,\u201d Wilkinson said.<\/p>\n<p>She said a resolution without trial involving a voluntary cessation of operations would be her preference and would save taxpayers money. But Wilkinson added that Red Dog \u2014 which just added Nashville-based attorney William Helou to the case \u2014 makes an out-of-court settlement unlikely.<\/p>\n<p>\u201cThere will be hearings that you might hear about, those are set for May 11,\u201d Wilkinson said. \u201cI do expect that as a result of the additional layer of counsel that there will be a considerable increase in the briefing and the time spent in the trial court before there\u2019s an appeal.\u201d<\/p>\n<h2 class=\"has-text-align-center\"><strong><em>Enter Johnson City Energy Authority<\/em><\/strong><\/h2>\n<p>The first evidence of that came in Monday night\u2019s brief. It said Johnson City Energy Authority (JCEA) (BrightRidge\u2019s legal name), as a political subdivision of the state, is exempt from any local regulations unless that authority is mentioned in a statute or the rule\u2019s application \u201cis necessarily implied.\u201d<\/p>\n<p>The brief says the Municipal Energy Authority Act, which allowed for the creation of JCEA, gave BrightRidge \u201cbroad powers in relation to the acquisition of, disposal of, and improvements upon real property.\u201d That would presumably include the property on Bailey Bridge Road that it leases to Red Dog adjacent to a BrightRidge substation.<\/p>\n<div class=\"nlp-ignore-block article-content rich-text\">\n<aside class=\"promo-link\">\n\t<a target=\"_blank\" href=\"https:\/\/www.wjhl.com\/news\/local\/fall-branch-elementary-collecting-donations-for-7-year-old-students-funeral-expenses\/?ipid=promo-link-block3\" class=\"promo-link__link\" rel=\"noopener\"><br \/>\n\t\tFall Branch Elementary collecting donations for 7-year-old student\u2019s funeral expenses\t<\/a><br \/>\n<\/aside>\n<\/div>\n<p>\u201cBrightRidge is also given broad authority to run its system as it sees fit,\u201d the brief continues. \u201cFinally, there is no language in the Municipal Energy Authority Act that could be interpreted to expressly subject BrightRidge to Washington County\u2019s zoning resolutions or permitting process.\u201d<\/p>\n<p>That\u2019s a far cry from Wilkinson\u2019s position. While it\u2019s not asking for monetary damages against BrightRidge or Red Dog, \u201cthe county is saying it has a duty to citizens of Washington County to enforce its zoning resolution and that would be against any party that\u2019s violating it.\u201d<\/p>\n<p>County Commissioner Phil Carriger asked Wilkinson if she knew how much money Red Dog was making from the mine. In a previously dismissed countersuit against Washington County, the company claimed it stood to lose $2 million a month in revenue if the mine were shut down.<\/p>\n<p>\u201cEstimates that I\u2019ve heard, whether they\u2019re accurate or not, put the earnings between $1 and $4 million a month,\u201d Wilkinson said.<\/p>\n<p>\u201cWe were prepared for trial on March 14, and we will be prepared for trial on July 11, and we will address whatever that is,\u201d Wilkinson said referring to any arguments about the \u201ccounty\u2019s conduct.\u201d<\/p>\n<p>\u201cIn the meantime, I just always go back to the fact that there\u2019s no permit to be operating out there and so we will continue to reach out and try to help our neighbors understand that the county would appreciate them adhering to the resolution and chancellor\u2019s ruling.\u201d<\/p>\n<\/p><\/div>\n<p><br \/>\n<br \/><a href=\"https:\/\/www.wjhl.com\/news\/local\/bitcoin-mine-trial-set-for-july-11-13\/\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>BrightRidge, mine owner make new dismissal motion saying BrightRidge not subject to county regulations JONESBOROUGH, Tenn. (WJHL) \u2014 The final outcome of a trial determining the fate of a Washington County, Tennessee Bitcoin mine may come by mid-July, while the defendants in the case have filed a new motion for dismissal and supporting brief. Electric [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":15008,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false}}},"categories":[37],"tags":[50,4092,423,3410,7600],"class_list":["post-15007","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-bitcoin","tag-bitcoin","tag-july","tag-set","tag-trial","tag-wjhl"],"jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"http:\/\/egrowonline.com\/wp-content\/uploads\/2022\/04\/ab.jpg","_links":{"self":[{"href":"http:\/\/egrowonline.com\/index.php?rest_route=\/wp\/v2\/posts\/15007","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/egrowonline.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/egrowonline.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/egrowonline.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/egrowonline.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15007"}],"version-history":[{"count":1,"href":"http:\/\/egrowonline.com\/index.php?rest_route=\/wp\/v2\/posts\/15007\/revisions"}],"predecessor-version":[{"id":15009,"href":"http:\/\/egrowonline.com\/index.php?rest_route=\/wp\/v2\/posts\/15007\/revisions\/15009"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/egrowonline.com\/index.php?rest_route=\/wp\/v2\/media\/15008"}],"wp:attachment":[{"href":"http:\/\/egrowonline.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15007"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/egrowonline.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15007"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/egrowonline.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15007"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}