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County allowed to call witnesses in Bible Park suit


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Rutherford County can use witnesses, the Chancery Court ruled this morning.

Chancellor Robert Corlew denied the county’s request for a declaratory judgment, but he will still allow the presentation of additional evidence including witnesses.

“Courts make batter decisions when they have the opportunity to consider all of the evidence,” Corlew said before scheduling the trial date for Sept. 15.

The county’s zoning resolution is under the gun after Rutherford County’s Board of Commissioners denied in a two-thirds vote a rezoning and conditional-use permit request by BPU Holding, LLC, the developer behind Bible Park USA.

The Shelton family, which owns the 240 acres optioned by BPU, filed suit against Rutherford County in June challenging the county’s use of a landowner petition and the subsequent denial of the park’s rezoning request.

The lawsuit requests the landowner petition be corrected, the zoning application approved and attorney’s fees be paid by the county. No specific damages were requested.

C. Dewees Berry, representing the county, argued the county’s denial was a legislative action and therefore requires the introduction of additional evidence for the court to see the case in its entirety.

Sheltons’ attorney, arguing the counterpoint, said the county’s decision with the landowner petition was administrative, not legislative and should only be reviewed by its paper trail.

“This is a landowner rights case,” Harris said. “It’s our position that landowner rights have been violated.”

In the end Corlew sided with Berry and the county by allowing additional evidence in the trial, but not before slamming the county’s zoning resolution, calling it an “abhorration.”

The county’s resolution has been challenged in numerous cases and the consensus has been the resolution needs to be rewritten.

Michelle Willard can be contacted at 615-869-0816 or mwillard@murfreesboropost.com.


 
 
 
Tagged under  BPU, RUCO


Member Opinions:
By: tnbumblebee on 8/19/08
Seems the Shelton family is upset with not getting millions of dollars from the bible park not coming in. They didnt care for their neighbors as long as they got their money and got out of town. They know their land will not bring anything close to what the bible park was offering them. You dont put an amusement park in a neighborhood,get real!!!!

By: PreSold on 8/19/08
Fact is, its the Sheltons land, they should be able to do what they want with it. If they could gain millions from the sale of the property, Great. Blackman will be begging for the Bible Park when a LaVergne Distribution center decides to move down I-24. Thats when everyone will realize, we missed the boats. Hope the Shelton family wins this one. Blackman deserves it.

By: diddlede on 8/19/08
Sure good to hear the news that witnesses will be allowed. This is not what the Shelton's wanted to happen. Hope they end up having to pay their lawyer and all the court costs on this when the lawsuit is lost. Greed will not get you anything but more grief.

By: peri_winkle on 8/19/08
My, my, PreSold. Such animosity toward ordinary people, trying to raise their families, live the American dream, and exercise their constitutional and statutory rights! Never in this country, or in England for that matter, has anyone had the right to do absolutely anything they want to with their property. It has always been the case that landowners call upon government officials, first judges and now local legislative bodies, to referee landowner vs. landowner disputes. What you're witnessing is the time honored, ordinary course of events. You are entitled to take sides, of course, but judges and county commissioners have to rely on law and rules to decide disputes of this nature.

For my part, the Bible Theme Park proposal presented to the county was a fiscal loser even more than it was a land use dispute, and it was a perfectly legitimate land use dispute. It would have been foolish indeed, as the majority of commissioners voted, to divert two decades or more of revenue from improvements to that property to the private cost of developing it. They were saved, as were county taxpayers, from their own poor judgment by the 2/3 majority requirement, and we all should be grateful.

I note, because it is often brought up in discussions about great tax giveaways, that the Speedway is not making money for Dover Downs, that the revenue Wilson County foolishly devoted to repay the private debt issued to build it is not enough and that there has been no noticeable net gain to the county coffers from that deal. If they want to make the same foolish bargain with the Bible Theme Park developers, then let them. And let Rutherford County save its tax giveaway deals for jobs that will raise income levels in the county, not lower them.

By: Macgyver on 8/20/08
Winkle, you need to publish that comment. That's the best way to sum up the whole bible park mess.

By: RafeHyatt on 8/20/08
Yeah, uh.....PreSold? The Sheltons CAN do whatever they want with the property as long as it complies with zoning requirements.

See, the people who want to BUY the land, it's THEY who can't do what they want with it, because it violates the county's zoning requirements. See how that all works?


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