| Shelton family responds to county’s appeal |
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By: MICHELLE WILLARD, Post Staff Writer
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Posted: Sunday, November 16, 2008 8:32 am
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Shelton family attorney Taylor Harris is “disappointed” in the county’s decision to appeal the recent decision in the Bible Park zoning case.
“We are disappointed that the Commission declined the opportunity given to it by the Chancellor to acknowledge and correct on its own the errors of the County Attorney first in deciding a two-thirds vote was required on the zoning request and then with no authority imposing his decision on the Commission,” Harris said in a written statement.
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 night 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.
After the two-hour discussion with county attorneys, the commissioners voted to appeal the recent decision in the Bible Park zoning case in a 17 to 4. 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.
“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.
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