MICHELLE WILLARD, Post Staff Writer
Posted: Thursday, January 15, 2009 12:02 pm

Rutherford County won’t have to pay the Shelton family anytime soon for attorney fees in the Bible Park zoning case, Chancellor Robert Corlew ruled Thursday morning.

Corlew granted the county a stay in its payment to the Sheltons in order for the appeals process to play out. But the county must set the money aside in an escrow account, pending the outcome of the appeal.

Corlew also ruled there is no need for the county to take out a bond to cover the amount.

“I see no reason to require a bond absent (the county) showing insolvency or other financial issues,” Corlew said.

The next step in the appeals process is for the county to a copy of the trial’s transcript to the state appellate court in Nashville. The county has 30 days after that to file a brief.

“If they don’t like what the fees are, they can appeal,” said Taylor Harris, counsel for the Shelton family.

And that’s what the county did.

After Corlew sided with the Sheltons’ claims that petitions filed in opposition to the park by surrounding landowners were invalid 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.

The county in turn filed a notice to appeal the damages awarded, specifically the attorney fees for a North Carolina law firm retained by the Sheltons before a formal case was filed. Rutherford County agreed the Sheltons should be reimbursed the cost for the depositions and Harris is owed his share.

County Mayor Ernest Burgess said previously 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.

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