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Appeals rules ex-Bible Park site must be rezoned


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About 300 acres of land in the Blackman community sought by Bible Park USA must be rezoned after an opinion delivered Monday by the state Court of Appeals.

Appellate judges ruled requiring a two-thirds vote on the rezoning of the property was invalid.

“We have determined that the provision of the county zoning resolution requiring a two-thirds vote is invalid and that the zoning application should be granted since it received a majority vote,” stated Court of Appeals Judge Andy D. Bennett.

Also, the appellate judges ruled the county does not have to pay the attorney fees of the Shelton family who sought to have their land rezoned.

The 282-acre plot zoned residential was chosen for the development of Bible Park USA by SafeHarbor Holding of New York City. But the property had to be rezoned to allow for the development.

Relying on a portion of the county’s zoning ordinance, 20 percent of the homeowners signed petitions to oppose the rezoning for an entertainment zone. The petitions required a two-thirds vote of the Rutherford County Commission to approve the zoning. The rezoning failed so the Bible Park developers sought the development outside Rutherford County.

Property owners Carol Shelton and her sons, Will, Steve and Ben, filed a lawsuit in Chancery Court, which was appealed to the Court of Appeals.

The appellate judges ruled state law mandates the two-thirds majority is not allowed with the zoning ordinance.

Appellate judges ruled the rezoning request received a majority vote of the county commission and should have passed.

The court also ruled the Sheltons were not entitled to the attorney fees because the action did not violate their constitutional rights.

Attorney E. Taylor Harris Jr. issued a statement on the Sheltons’ behalf.

“The Shelton family is gratified that the illegality of the County Zoning Resolution provision permitting a two-thirds vote has been documented by the State Court of Appeals,” Harris stated. “Its removal by the Appeals Court order benefits all Rutherford County property owners. It is a major step in bringing the County’s zoning procedures back under the law.”

Attorney C. Dewees Berry, who represented Rutherford County, said the appellate court ruling showed the county did not violate the Constitution so the county doesn’t have to pay the Sheltons’ attorney fees.

“I think not having the attorneys’ fees and finding no constitutional violation was very important to the county,” Berry said.

Because the county didn’t have legislation to allow the supermajority, Berry said the zoning request was approved.

Berry discussed the opinion with some county officials but said he didn’t know if the county will appeal. Both sides have 60 days to appeal.

 
 
 
Tagged under  Bible Park USA, rezoning


Member Opinions:
By: UnionLady1055 on 10/26/09
Great, take the Shelton's property taxes and increase them. Should be a lot of money for the county!

By: Macgyver on 10/27/09
So what is the dollar value of this litigation? How much have we wasted on this?

By: spook on 10/27/09
Haven't the Sheltons got the message that their neighbors DO NOT want a theme park??

By: driveguy on 10/27/09
I don't think they care, they won't be there.

By: Farmall on 10/27/09
Just think if it had been approved, what kind of financial disaster we would be looking at right now. And we the tax payers would be on the hook for. I am not concerned about if it was totally by the book or not, we averted a much bigger mess.

By: mhm2a on 10/27/09
They will sue and win lots of $$$ plus have their land. It is the equivalent of having your cake and eating it too!

By: driveguy on 10/27/09
Not sure what they can sue for, no rights were violated and approval had to go through the due process of appeals. Gee, too bad the investor couldn't wait around for that!! I agree that this could have been a nightmare for us taxpayers. We could have been paying for a park that nobody has the money to go too.

By: Bluesman on 10/27/09
Sell it now to Six Flags and call it Six Flags over Blackman! ;-) Or maybe Dollywood will relocate!

By: mypopculture on 10/27/09
No one wants Rutherford County to lose it's rural character, but farmers have to do something with their land if they aren't going to farm it. What if there were some way for Rutherford County to buy the land and either use it to recuit white collar jobs (like Nissan we lost to Williamson Co) or maybe even set some of the land aside in a land trust? If every property owner had an annual assessemnt of $20 to a land trust fund, it wouldn't take long for us to take control of what our County looks like. We could be proactive instead of always reacting (and losing in court).

By: Sputnik on 10/27/09
Bluesman, the hills there aren't big enough to be Dollywood!

By: Macgyver on 10/28/09
Mypopculture, I like your idea. I don't know exactly how feasible it may be but I would support it. We have a City Council (Murfreesboro) that is hell bent on revenues and big city government. Generating revenues is how they measure performance. They don’t care too much about the citizen or protecting our money. That same city council is in a race with the county commission for land, or the annexing of what they can get. This council will leverage every dollar they can to finance the growth of the city limits so as to raise the revenues they get.

By: Bluesman on 10/28/09
Yea, you are correct Sputnik, have to move Dollywood over to Walter Hill!

By: diddlede on 10/28/09
Yes Macgyver, you are very, very correct about the city wanting to take over every inch of the county. Fight over revenue through taxes continues.

By: hamrtyme on 10/28/09
Keep your eyes open folks, the county is looking for a place to put a new landfill

By: easygoing on 10/29/09
hmmmm? Theme park....landfill? Which one would I want....? You know to keep my property value.


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