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County to appeal Bible Park decision


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After a two hours discussion with county attorneys, Rutherford County voted to appeal the recent decision in the Bible Park zoning case.

The Rutherford County Commission voted 17 to 4 in favor of appealing Chancellor Robert Corlew’s decision in Shelton v. Rutherford County, which challenged the denial of a zoning change that would have allowed the development of Bible Park USA in the Blackman Community.

Commissioners Ron Williams, Rick Hall, Jeff Phillips and Jim Daniel voted against the motion brought by Trey Gooch.

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.

Last week, the county was ordered to pay $3,189.21 for depositions and more than $95,000 in attorney’s fees.

In the order, attorneys representing the Sheltons and 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.

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.

County commissioners met with Cope in executive session Thursday during their monthly meeting to discuss Corlew’s decision. During an executive session, the commission is closed to the public because of attorney-client privilege.

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

 
 
 
Tagged under  BPU, RUCO


Member Opinions:
By: mypopculture on 11/13/08
The Commission did the right thing by voting to appeal the decision. Unfortunately, they could have saved us all a lot of time, trouble (and money) if they would have simply voted the Bible Park down. The basic question to be answered was, "Is this the best use for this land?" If the majority would have voted "no", then there would be no need to debate the validity of the petitions. I watched most of the meetings (during the B-park debate & no I don't live in Blackman), it appeared to me that Jim Cope was rendering an opinion as an advisor to the commission. I think Corlew's ruling ties the hands of the County's Legal Advisors to render opinions. This ruling makes our government less effective and our commissioners "gun shy".

By: Macgyver on 11/14/08
Word on the street is the Sheltons are using this to file a civil lawsuit against the county. Is that entirely possible? What a mess this has become.

By: vdanr on 11/14/08
Yes, this has become a mess. My problem with the whole situation is that other people were dictating what the Shelton's could or could not do with their land. I'm sure someone will disagree, but it's just my opinion and everyone has one of those. I don't live in that area so I don't know how the neighbors felt, but, the county is planning on expanding a two lane road to a four lane highway and this will cause a lot more traffic in my neighborhood. I have some reservations about this, however, I also understand that this is called progress. Again, it's just my opinion.

By: thinkingman on 11/14/08
"My problem with the whole situation is that other people were dictating what the Shelton's could or could not do with their land."

Excuse me, but if my neighbor wants to sell out my neighborhood to let a truck stop be built next door, I'd like to have a little say in it. Face it folks, the right thing happened when that destined for failure Bible Park got shot down. All the Shelton's want now is spiteful - hardly the Christian way, now is it?

By: rctaxpayer on 11/14/08
thinkingman should go buy whatever land he wants a say over and save the rest of us some money.

By: bb805 on 11/15/08
I agree with vdanr and I do live in the community. And for thinkingman, what would happen if someone didn't like the way you did something with YOUR land - they get a say? They don't like your landscaping or if you have a pool or if you want to put up a playground in your back yard - do they get a say? If you don't like living next to a truck stop, then you have rights, alright. You have the right to sell your property and locate elsewhere. However, you don't have the right to dictate how I use the land I pay for. This is NOT a gated community here in Blackman, which is one of the attractions for me. I don't think anyone should tell me who I can and can't sell my land to, or how I can or can't use what I bought and paid for. I don't know the Sheltons, or anyone else involved, this is just my opinion, and as vdanr says, everyone has one.

By: peri_winkle on 11/15/08
People have always had a say in what their neighbors do with and on their property. For many hundred years, courts were the only recourse for those with objections to what their neighbors were doing. Before zoning, there were common law causes of action to prevent neighbors doing things that reduced the value of your property. That is a property right, too. One that is well rooted in American and English history.

Folks, this is nothing new. For hundreds of years, now, no one has had a right to do absolutely anything they want to with or on their land despite the effects on their neighbors. The basic premise is that you don't have the right to disrupt your neighbors' quite enjoyment of his property. And you don't have the right to do something that devalues your neighbor's property. Let's hope that never changes.

By: Boo on 11/15/08
peri winkle, well said!!

By: LawDog on 11/15/08
If the commision had just postponed and confirmed the signatures and landowners, none of this debate would be taking place nor would the county be paying for a mistake they could have avoided. If all attorneies were always right, we would never have cases settled in court. And a question, is it going to cost us more money than the pay-off to the Shelton's attorney to appeal?

By: rctaxpayer on 11/15/08
LawDog - I predict the appeal will fail, just as the County always does in court, and yes, we will have to pay not only the Sheltons, but the County attorney, and any other attornies they had to hire to defend this thing.


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