And in this one, money changes hands.
The 8th District Preservation Association has filed a motion to amended their lawsuit against Knox County over the Midway development to include allegations of specific violations of the Open Meetings Act by County Commissioners.
The additional complaint says:
Plaintiffs aver that on or about June 22, 2006, at or around 8:30 a.m., between fourteen (14) and sixteen (16) of the Knox County Commissioners met at the offices of the Knoxville Association of Realtors (f/k/a and a/ka Knoxville Board of Realtors).At that non-public meeting, the Defendant Development Corporation solicited the support of the commissioners for the re-zoning and purchase of the Midway Road Property subject of this lawsuit. There was discussion among the commissioners about the Midway Road project which constituted a deliberation on the issue.
At this meeting the Knoxville Board of Realtors also solicited the support of the commissioners for the re-zoning and purchase of the Midway Road Property subject of this lawsuit. Subsequent to that solicitation, the Knoxville Board of Realtors presented the commissioners campaign contribution checks.
The meeting of the commissioners constituted a quorum of the Knox County Commission.
The meeting of the commissioners was a “meeting” as defined in Tennessee Code Annotated § 8-44-102.
The public was not given notice of this meeting of commissioners, nor was the meeting open to the public as required by Tennessee Code Annotated § 8-44-103.31.
At the time of the meeting, the commissioners knew that the purchase and rezoning of the Midway Road property for an industrial park was a very controversial public issue. Notwithstanding, the commissioners chose to meet for discussion and deliberation on the issue.
All of such actions constitute a violation of the Tennessee Open Meetings Act (T.C.A. § 8-44-101 et seq)...
Read the press release after the jump. A PDF copy of the motion to amend is attached.
UPDATE: An important point from comments to keep in mind: The County Commission in June 2006 is different than the ones on the current commission or that prior to January 2007.
FOR IMMEDIATE RELEASE – November 29, 2007
Contact: Bob Wolfenbarger, David L. Buuck
On behalf of the plaintiffs of the 8th District Preservation Association, this afternoon attorney David L. Buuck filed an amendment to their lawsuit against the Knox County Commission, the Metropolitan Planning Commission, and the Development Corporation, which was originally filed in September of 2006. The new pleading revises their Complaint to allege that the so-called “Sunshine Law” was violated by the Knox County Commission prior to their vote on the funding and rezoning of the proposed Midway Road industrial park.
The pleading amendment includes allegations that two or more commissioners deliberated outside of the public’s view before the vote on the controversial rezoning.
Bob Wolfenbarger, a Board member for the 8th District Preservation Association, stated, “We believe that Sunshine Law violations by County Commission render the rezoning action void. This is a single example of a pattern of behavior that has gone on for years.”
Wolfenbarger adds, “This rezoning happened in spite of fierce community opposition because the developers wanted it to happen. The misuse of county purchasing cards is peanuts compared with the tens of millions of dollars that are being wasted by quasi-government agencies such as the Development Corporation.”
| Attachment | Size |
|---|---|
| Motion to Amend Complaint.pdf | 46.73 KB |
|
Topics:
|
66
vote
|
Shortcuts
Discussing:
- Larry Frank speaks (6 replies)
- Let the purging officially begin! (37 replies)
- Bar next to Helen Ross McNabb facilities closed as nuisance (29 replies)
- Big Yawn.. Hatch Act causes resignation of newly crowned R Commissioner in Blount Co. (32 replies)
- Democrats at Game Day (2 replies)
- KNS compares UT Vols Football to the Titanic (4 replies)
- Labor Day & the politics don't look good. (7 replies)
- Going home? (8 replies)
- 2010 Shootings in Knox County, TN (11 replies)
- Departing Knox Co. employees get severance package (54 replies)
- Value of Libraries (4 replies)
- Expecting trouble? (12 replies)
Upcoming events:
- Sep 6 2010 - 12:00pm (8 hours 6 min from now)
- Sep 9 2010 - 6:30pm (3 days 14 hours from now)
- Sep 10 2010 - 6:30pm (4 days 14 hours from now)
- Sep 14 2010 - 8:00pm (1 week 1 day from now)
- Sep 20 2010 - 8:00pm (2 weeks 16 hours from now)
- Sep 30 2010 - 5:00pm (3 weeks 3 days from now)
- Oct 16 2010 - 6:30am (5 weeks 5 days from now)
User login
Navigation
Citizen Blog-O-Rama
- Men in Statuary Hall Must Make Room for Amelia Earhart (TN Guerilla Women)
- EEOC Sexual Harassment Suit: ABM Industries to Pay $5.8 Million (TN Guerilla Women)
- RedStateUpdate Opines on Recent Tennessee Events (RoaneViews)
- Mistakes Were Made (Southern Beale)
- The Two Minutes Hate & Tenured Professors (Stick With a Nose)
- Opportunities for young journalists to get a paying internship (Jack Lail)
- Will a Million Bucks in Good PR Offset A Billion Bucks in Bad PR? (RoaneViews)
- Camera Obscura: Cuban Zombies; Museum of Uncut Funk; Bruce Campbell Uncensored (Cup of Joe Powell)
- Everyone’s children (Domestic Psychology)
- Saturday Linkage: Labor Day Edition (Stick With a Nose)
- Saturday Funnies...Dance Team Benched for "Inappropriate Moves" (RoaneViews)
- Feel Good Friday...Talking Blues Deja Vu All Over Again Edition (RoaneViews)
- Silent No More (Southern Beale)
- Food – present (Domestic Psychology)
- New Rules for New Users (RoaneViews)
Local Media Blogs
- Republican Pitch to Lobbyists: Intimidation or Just Relevant Information? (Tom Humphrey)
- OFA Aims To Offset Apparent Republican Tilt In TN (Tom Humphrey)
- McWherter's Multiple Business Ties, Disclosed But Still Posing Potential Conflicts (Tom Humphrey)
- Ash Money Questions (Tom Humphrey)
- Wamp '100% Reconciled' With Haslam; Others Not So Sure (Tom Humphrey)
- Ray Bell Dies at Age 69 (Tom Humphrey)
- Democrat Frodo at the Gates of Republican Mordor? (Tom Humphrey)
- Second Amendment Advocates On Sidelines in Gov's Race? (Tom Humphrey)
- Clinton Rally Costs McWherter Endorsement of Gun Guy (Tom Humphrey)
- State Recognition of Six Indian Tribes 'Void and of No Effect' (Tom Humphrey)
- 'Guns In Bars' Law Doesn't Create 'Unsafe Work Environment,' Official Says (Tom Humphrey)
- TN Highway Patrol Gets New Commander (Tom Humphrey)
- Another $1 Million in 8th District Attack Ads Against Herron (Tom Humphrey)
- Reward Offered in Mosque Fire (Tom Humphrey)
- Wamp on Haslam: "We've Reconciled" (Gene Patterson)
Local Paper
- Newsmakers: Sept. 6 (Knoxville News Sentinel)
- B53 work ahead for Y-12 as plant makes plans to dismantle nuke components (Knoxville News Sentinel)
- Knoxville plans 'codes sweep' of Fort Sanders neighborhood (Knoxville News Sentinel)
- As bear sightings rise, so do efforts to stop nuisance problems in the Big South Fork (Knoxville News Sentinel)
- Former Knox priest Casey to face further charges of child molestation (Knoxville News Sentinel)
- Keeping up the tradition: Annual Boomsday Festival draws thousands to Knoxville riverfront (Knoxville News Sentinel)
- Judge compiles history of Knox County courts (Knoxville News Sentinel)
- Democrats critical of state House GOP leaders' meetings with lobbyists (Knoxville News Sentinel)
- Some in Harriman question city's use of TVA spill funds to rehab theater (Knoxville News Sentinel)
- 73-year-old woman killed in motorcycle crash (Knoxville News Sentinel)
Film at 11
- Families impacted by alleged priest sexual abuse call for action (WATE local)
- Manpower behind the firepower on Boomsday (WATE local)
- Deputies: Alcohol and speed to blame in fatal crash (WATE local)
- Sevierville senior dies in motorcycle crash (WATE local)
- UT football opener boosts local business (WATE local)
- Boomsday a huge hit with locals (WBIR Local)
- "Mucktonians" meet up for first ever reunion (WBIR Local)
- Woman dead after attack from pit-bull (WBIR Local)
- Vols' Jones will miss 2 to 3 games with injury (WBIR Local)
- Boomsday crews given 21 hours to set up country's largest Labor Day fireworks display (WBIR Local)
- Getting ready for Boomsday (WVLT Local)
- Heavy damage, dog died after Knoxville house burns (WVLT Local)
- Ropes rescue crew recover a body after the victim falls from an embankment (WVLT Local)
- Tenn. Guardsman faces court-martial in Iraq (WVLT Local)
- Knoxville man ejected and dragged in car crash (WVLT Local)
Wire Reports
- Obama to propose 100 billion tax credit (AFP) (AP Politics)
- Va. woman devours 181 chicken wings in NY contest (AP) (AP National News)
- As election season heats up, Democrats battle grim prospects (Exclusive to Yahoo! News) (AP Politics)
- Obama seeks to shore up support for Wis. Democrats (AP) (AP Politics)
- Backyard volunteers helping track firefly numbers (AP) (AP National News)
- 1 'censored' bar won't stop online prostitution (AP) (AP National News)
- Attorney: JetBlue attendant in NYC flap resigned (AP) (AP National News)
- Outside Groups' Campaign Expenditures Have Doubled (CQPolitics.com) (AP Politics)
- House Dems urged to aid colleagues (Politico) (AP Politics)
- McCain embraces the GOP's right (Politico) (AP Politics)
- Obama to propose permanent research tax credit (Reuters) (AP Politics)
- US officials: Mideast talks to resume in Jerusalem (AP) (AP Politics)
- Both Parties Say Tea Party Hands Them November Wins (CQPolitics.com) (AP Politics)
- Summers' tough words for China (Politico) (AP Politics)
- McCain Hits Democrats for 'Flailing Around' on Economy (CQPolitics.com) (AP Politics)
- Greenest state behind the waste-to-energy race (AP) (AP National News)
- Key oil spill evidence raised to Gulf's surface (AP) (AP National News)
- Racial violence changes student and school (AP) (AP National News)
- Endangered or not, wolf killings set to expand (AP) (AP National News)
- Father of Senate Candidate Rubio Dies (CQPolitics.com) (AP Politics)
About KnoxViews
Search KnoxViews
Popular today
Popular this week
- Brian Hornback in talks with Third Parties
- Goofy pet video of the day
- JulieApple's September First Friday presenting Jacques Gautreau: Knoxville in Light and Color
- Aunt B. gives birth...
- WVLT to carry first televised gubernatorial debate, online questions invited
- Ned Ray still has the juice
- "Unusual degree of pessimism"
TN Progressive All-Stars
- BlountViews
- Crone Speaks
- Cup of Joe Powell
- Left Wing Cracker
- Newscoma
- Pith in the Wind
- RoaneViews
- Sean Braisted
- Sharon Cobb
- Silence Isn't Golden
- Southern Beale
- Speak to Power
- TN Citizen Action
- TennViews
- Tiny Cat Pants
- TN Guerilla Women
- Vibinc
- View From My Kitchen Table
- WhitesCreek Journal
Nearby:
- AC Entertainment
- Ackermann Digital
- Agrarian Urbanite
- Blount Dems
- Bottom Line
- Craig Thomas
- Daily Pulse
- David Oatney
- Discover ET
- Domestic Psychology
- Dwight Van de Vate
- Ellen Smith
- Fletch
- Fort Sanders
- Frank Murphy
- Gene Patterson
- Home/Work
- Instapundit
- Jack Lail
- Jack McElroy
- Jim Stovall
- Julie Patchouli
- Knox Blog Buzz
- Knox Dems
- KnoxBlab
- Knoxify
- Knoxvillager
- Last Home
- Les Jones
- Long Pauses
- Lynn Point Records
- MamaPundit
- Michael Silence
- MoxCarm Blue Streak
- Mushy's Moochings
- Phyllis Patterson
- Pittman Properties
- Property Scope
- Randall Brown
- Reality Me
- Resonance
- Rikki Hall
- Rob Huddleston
- School Matters
- Shane Rhyne
- Snark Bites
- Stacey Campfield
- Stick With a Nose
- Suzy Trotta
- Tabloid Boy
- Terry Frank
- Thirteen Letters
- TN Clean Water
- Tom Humphrey
- Tri Cities
- Wendy Pitts Reeves
- Yellow Dog
Beyond:
- 10,000 Monkeys
- Andy Axel
- BlogNetNews TN
- Daily Docket
- Democratic Talk Radio
- Enclave
- Ginger Snaps
- Just Wonderin'
- Lean Left
- Post Politics
- Quiet Life
- Smart City Memphis
- Southern Liberal Living
- TN Dems
- TN Ticket
- TN Trivia
- TN Women's Caucus
- West TN Liberal
- Your Liberal Friends
- Bob Stepno
- Facing South
- Great Smoky
- Lovable Liberal
- Newsrack
- Opinari
- Wandering Hillbilly
At large:
- Agonist
- Alterdestiny
- American Street
- Atrios
- Burnt Orange Report
- Buzzflash
- College Dems
- Common Cause
- Crooks and Liars
- Daily Kos
- Democratic Strategist
- Democrats.org
- Digby's Hullabaloo
- DSCC
- Huffington Post
- Lefty Blogs
- Liberal Oasis
- Media Matters
- MyDD
- Open Secrets
- Pam's House Blend
- Political Wire
- Politico
- Progressive States
- Seeing the Forest
- Skippy the Bush Kangaroo
- Suburban Guerrilla
- Swing State Project
- Talk Left
- Talking Points Memo
- Think Progress
- Truthdig
Government:
- City of Knoxville
- Homeless Ten Year Plan
- Knox Co Commission
- Knox County
- Knox County Code
- Knoxville Code
- State of Tennessee
- TN Code Annotated
- TN General Assembly
- U.S. House
- U.S. Senate
- U.S. Thomas LoC
- UT CTAS
- UT MTAS



I truly hope that this
I truly hope that this lawsuit is allowed to move forward to trial. I want to hear from every one of the commissioners--under oath-- whether or not they were at this meeting and what was discussed. It's time for some serious investigation into the cesspool that is our county government.
Technicality and Practicality
Technically, the press release is incorrect in stating that the Association "filed an amendment to their lawsuit." What was filed was a motion to amend. If the motion is granted, the Association will be allowed to filed an amended complaint containing the allegations. However, motions to amend are almost always granted (absent an imminent trial date), and the applicable procedural rule goes so far as to say that ""leave [to file an amended complaint] shall be freely given when justice so requires."
That technicality aside, the practical ramification is that this illustrate the massive liability and legal uncertainty the politicians have opened up for taxpayers by playing fast and loose with the Sunshine law. It also illustrates both why the politicians are scrambling to change the Sunshine law and why the public should be demanding that they instead invest the effort of learning to comply with the law (letter and spirit).
Co. Commission in June 2006
The County Commission in June 2006 is different than the ones on the current commission or that prior to January 2007. Diane Jordan, David Collins, Billy Tindell, John Mills, John Schmidt, Mark Cawood ... who else? Could be interesting if they are called to testify.
I also hope there is a "redo" of the vote for this ridiculous project. I heard that there were checks waiting for the commissioners present from the developers for their campaign fund.
The County Commission in
The County Commission in June 2006 is different than the ones on the current commission or that prior to January 2007.
Excellent point.
Democracy gets some
Democracy gets some 'Sunshine,' and a chance to grow. This is a good thing. My guess is there are more of these cases that may spring up. This could really improve the area. I never quite understood why the Development Corporation existed. Looks like maybe it never should have.
wonderful news!
And money to boot! Great news. The Midway situation is even more insidious than the stormwater case.
This story has legs
This story is as big or bigger than the original sunshine lawsuit because it is finally going to uncover the way Knox County has done business for years.
Once this story broke, you had Mike Edwards categorically denying that any meeting took place period. Then you have Todd Napier, John Greiss and Wallace McClure saying that maybe they did recall being at that meeting with a poster set up to "answer questions" from commissioners. Then you have Edwards saying the allegations were "bizzare" and that maybe they did come to the realtor's meeting with their posters etc. to answer some questions about Midway, but they didn't really do a presentation. Then you have Mr. McClure saying that he didn't remember if checks were given out to commissioners.
Wait till discovery starts in the lawsuit and the depositions get going. It's going to be quite a ride.
This story is as big or
This story is as big or bigger than the original sunshine lawsuit
That's what I was thinking.
I'm thinking any currently
I'm thinking any currently seated commissioner who attended that meeting at the board of realtors and didn't report as such to constituents could just do us all a favor and resign.
That would leave us with a commission of what...2? Lumpy and Mark Harmon?
A few more
And Our Larry Smith, Tony Norman, Phil Ballard...
I doubt this case will have any legs before the February appointments so we can add those to the list.
What if several of these commissioners in question come clean now (especially those not in office) and then ask the commission to do a "redo" of the vote. That may be more palatable to some than having to testify.
I would like to see an investigative reporter find out who all got one of those checks and how much they were for.
Post new comment