MICHELLE WILLARD, Post Staff Writer
Posted: Monday, November 24, 2008 3:35 pm

Rutherford County took the first step in appealing a local court’s decision in the Bible Park rezoning case.

The county filed a notice of appeal last Tuesday, which was forwarded on to the Tennessee Court of Appeals in Nashville Friday.

The next step in the process is to file a brief stating the legal grounds for the appeal, no legal reasoning is contained in a notice to appeal.

After a two-hour discussion with county attorneys, the Rutherford County Board of Commissioners voted to appeal the recent decision by Chancellor Robert Crolew in a 17 to 4 vote.

County commissioners met with Cope in executive session during their monthly meeting Thursday, Nov. 13 to discuss Corlew’s decision.

In the lawsuit, the Sheltons claimed petitions filed in opposition to the park by surrounding landowners was invalid and that County Attorney Jim Cope overstepped the bounds of his job by ruling the petitions valid.

Chancellor Robert Corlew agreed and sent the decision back to the Rutherford County commission to decide whether a supermajority vote was required.

Corlew also ordered the county to pay legal fees for attorneys representing the Sheltons, which came to $3,189.21 for depositions and more than $95,000 in attorney’s fees.

Rutherford County agreed the Sheltons should be reimbursed the cost for the depositions. The county also agreed to pay the bill for Shelton attorney Taylor Harris but feels it shouldn’t have to pay the fees for a North Carolina law firm.

County Mayor Ernest Burgess said the county has many objections to the decision. He wouldn’t go into specifics saying he can’t comment on pending litigation.

Burgess did agree the county feels the amount Corlew ordered for legal fees was excessive.

“We will ask the Court of Appeals to affirm the Chancellor's rulings and order the Commission to take proper actions that it has now twice failed to take on its own,” Harris said.

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