Developer Walker Sues City Over Big Stormwater Fine

Wednesday, January 23, 2013

Developer Don Walker has filed suit against the city of Chattanooga in Chancery Court, seeking to block the largest stormwater fine in the city's history from being imposed against him.

The city's stormwater board in November upheld a levy of over $50,000 against the developer for dumping dirt, debris and other material at a site off Gunbarrel Road near Mackey Branch.

The city claims the developer ignored numerous orders to stop the dumping.

The suit, filed by attorney Dee Hobbs, says last September another developer asked Mr.

Walker if he needed any fill material and he told him he did.

It says he "made inquiry of others regarding the need for a permit for such work and was advised that the best course of action would be to obtain a land disturbing permit."

On Sept. 20, he received the first notice of a stormwater violation, it was stated.

Mr. Walker said he then applied for five land disturbing permits. He said the city took no action on the permits, but kept sending him stormwater violation notices.

The suit says the board's action in upholding the fines against him was "arbitrary and capricious, punitive in nature, or otherwise characterized by an abuse of discretion. In particular, Mr. Walker avers that the penalty is excessive and arbitrary in this instance."

 


Latest Hamilton County Jail Booking Report - And Mug Shots

Here is the latest jail booking report from Hamilton County: BALLARD, RODNEY EDWARD     3407 MYRA AVENUE CHATTANOOGA, 37412     49     East Ridge          DOMESTIC AGGRAVATED ASSAULT BETHUNE, RICHARD GUINN     137 WINDY LANE MENLO, 30731     51     Chattanooga ... (click for more)

Police Blotter: Thief Does $8,200 In Damage At Cell Tower To Get $300 In Copper: Patten Towers Resident Calls EMS 26 Times In 6 Weeks

Police said a thief did a large amount of damage at a cell tower on Old Cleveland Pike - all to get $300 in copper. Allen Ridgeway of AT&T said someone parked on the interstate highway and then cut the fence at the tower as well as severing the ground wiring. The damage inside the cell tower was put at $8,000, and to the fence was $200. * * * Management at Sky Zoo ... (click for more)

When The City Was Silent - And Response

I don't know how to say this without getting my head handed back to me on a platter as is often the usual case. But at least I no longer receive the hateful (even threatening) emails and insults I became accustomed to. So I'll just bite and say it: I honestly don't see anything expressed by the NSM that hasn't been said locally on some level at one time or another, and ... (click for more)

Roy Exum: VW-UAW Fiasco Begins

One pundit who is awaiting the opening volleys of “The Volkswagen Hearings” is calling today’s start of the labor union fiasco at the Hamilton County Courthouse as fascism at its finest. That’s what you call it, he wrote in a fiery way, when the union, the employer and the president of the United States all line up on the same side. “And this push to eviscerate the legal rights ... (click for more)

Injury Ends Playing Career Of Bradley Central's Chelsie Summars

Bradley Central girls basketball star Chelsie Summars, who underwent two serious operations on her right knee that wiped out her sophomore season, has suffered a third injury that will end her playing career, Bearettes coach Jason Reuter said via text. Summars, who helped the Bearettes win district, region and sectional titles en route to the 2013-14 Class AAA state tournament, ... (click for more)

McCallie Nine Sweeps MBA

Elliott Dockery, Tyler Payne and Col Songer were the winning pitchers as McCallie swept a three- game series at MBA this past weekend. McCallie improved to 19-6 overall and 8-4 in the D-II East/Middle Region. The Blue Tornado has won nine in a row. Next Game: Tues. April 22 – McCallie is at Tullahoma HS … hosts Brentwood Academy in a three-game region series this weekend. ... (click for more)