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."

 


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