Shelton family responds to county's witness request on The Murfreesboro Post

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Shelton family responds to county's witness request

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By: MICHELLE WILLARD, Post Staff Writer

Posted: Friday, August 8, 2008 3:31 pm

The Sheltons have responded to Rutherford County’s request for witnesses in the Bible Park USA rezoning trial.

The Shelton family, which owns the 240 acres optioned by SafeHarbor, LLC for the development of Bible Park USA, filed suit against Rutherford County in June challenging the county’s denial of the park’s rezoning request.

Rutherford County filed a motion last month asking the Chancery Court to take a different look at the Bible Park zoning case by reviewing it as a declaratory judgment, not as a petition of certiorari, as the Sheltons’ filed it.

The Sheltons, however, believe a petition of certiorari is the correct way to for the judge to review the case.

“The County’s zoning law required full disclosure of that information. The Shelton family contends that, regardless of what appeal process is used, the law does not allow after-the-fact evidence to be presented on appeal that was not presented for examination and questioning at the Commission hearing itself,” Shelton family attorney Taylor Harris said.

C. Dewees Berry, an attorney with Nashville-based Bass, Berry and Sims, which represents Rutherford County, in this case, explained the difference is a declaratory judgment allows the use of witnesses, where a petition of certiorari only uses the paper trail made by the government.

“It would give the court a better idea of what happened,” Berry said.

The Sheltons’ lawsuit lays blame for the rezoning’s failure on the doorstep of the County Attorney Jim Cope. Cope, along with the planning department, verified the landowner petition that forced a two-thirds majority vote in the county commission. The vote failed in a 9-12 vote.

“The Shelton family’s filed response … contends that the County seeks to change procedures hoping that the County Attorney will be allowed to testify how he counted property owners and petitions opposing the zoning request to make his ruling requiring a two-thirds vote on the zoning proposal concerning the Shelton’s land, despite having refused to divulge that information before the Commission’s vote,” Harris said.

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.

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

Tagged under BPU

Member Opinions:

By: hikerman on 8/8/08
The Sheltons need to give it up. Move on and find another developer for your land. You'll still get your money. You've already made enemies of your neighbors, why anger the entire county?

By: diddlede on 8/9/08
The Shelton's believe they will be able to change the law and regulations on rezoning. I believe this will be a tough one for them. We will just have to wait and see if a judge overturns what the County saw as lawful precedures in the rezoning issue. This could set a precedent in every state not only in Rutherford County should the judge overturn this particular rezoning request. Unless there is some glitch, I do not believe it will happen.