MICHELLE WILLARD, Post Staff Writer
Posted: Monday, April 6, 2009 3:50 pm

The Shelton family wants more than $11 million from Rutherford County for its denial of Bible Park USA last year, and the county plans to fight the suit tooth and nail. “We will vigorously defend the county,” County Mayor Ernest Burgess said. “We haven’t done anything wrong and in the end the county will be found innocent.” In documents filed Friday in US District Court, the Sheltons claim Rutherford County and County Attorney Jim Cope violated their civil and property rights in the May 15, 2008 denial of a rezoning request for a biblically themed amusement park in the Blackman community. The Sheltons own a majority of the land optioned for the park and want $11,040,000 from the county, punitive damages from Cope and attorney fees as compensation from losing the chance to sell their property. Or the family wants the county to be held responsible for the loss of contract with BPU Holdings and therefore be required to purchase the property for $11 million plus interest. The Sheltons, through Nashville-based attorney Taylor Harris, argue the county violated their rights by using section 4.05 of the county’s zoning resolution, which requires a two-thirds majority vote for approval of the zoning request when 10 percent of surrounding landowners submit protest petitions. The family also alleges its rights were violated by the county, when the county commission showed a “callous indifference” by refusing to reconsider its decision to deny after Stave Shelton asked and Chancellor Robert Corlew ordered it to. Cope also violated the family’s rights by using his office to support opposition to the theme park and then attempting to cover-up his involvement, the suit alleges. The Sheltons claim Cope misused his office when when he gave a letter to Commissioner Trey Gooch who then distributed it to parties in opposition to Bible Park USA. The letter was written in regard to a clause in the Rutherford County zoning resolution (section 4.05) that allows for surrounding landowners to protest proposed development with petitions. When the Bible Park was before the county commission last May, surrounding landowners produced protest petitions that forced a two-thirds majority vote on a rezoning request. The vote subsequently fell two votes short for approval. Michelle Willard can be contacted at 615-869-0816 or mwillard@murfreesboropost.com.