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

Here is the latest jail booking report from Hamilton County: BARNETTE, VERANDA MESHELL  3856 CONAHANEY TRAIL CHATTANOOGA, 37406  Age at Arrest: 50 years old Arresting Agency: Chattanooga VANDALISM/MALICIOUS MISCHIEF --- BEAMON, JOHN EARNEST  298 W 37TH STREET CHATTANOOGA, 37410  Age at Arrest: 39 years old Arresting Agency: East Ridge DISORDERLY ... (click for more)

Brandon Robinson Captured A Day After Fleeing From Moccasin Bend

A man who fled from police custody while at Moccasin Bend Mental Hospital has been caught by the Grundy County Sheriff's Office. Brandon Robinson, 33, who fled the premises of Moccasin Bend on Saturday.  He was on a law enforcement hold out of Bedford County with the Shelbyville Police Department.  (click for more)

Make America Good Again

“No people can be great, who have ceased to be virtuous.”   Samuel Johnson (1709 – 1784) Last week I witnessed first hand the 2016 Republican National Convention in Cleveland, Ohio. As I observed the happenings within the Quicken Arena, the one theme that continued to pop up again and again, was  Make America Great Again .  Of course, that being ... (click for more)

Roy Exum: Jerika’s Last Dance

There is a horrifying disease called spinal muscular atrophy type 2 that you wouldn’t wish on your worst enemy. What happens is the nerve cells in a person’s brain stem and spinal cord slowly die and, without the ability to voluntarily control your muscles, your body withers away in one of the most painful ways you can imagine. Jerika Bolen, age 14, can’t stand it any longer, nor ... (click for more)

Dunbar Promoted To Head Wrestling Job At Ooltewah

J.D. Dunbar had been promoted to head wrestling coach at Ooltewah High School. Dunbar, an assistant with the Owls’ mat program since 2012, becomes a head coach for the first time at the high school level. He replaces Bryant Blackmon, who recently resigned. The 36-year-old Dunbar is also the school’s strength and conditioning coach and assistant head football coach on ... (click for more)

Another Big Week For Chattanooga Football Club

More than 10,000 fans gathered at Finley Stadium last Saturday to see a 5-3 penalty kick win over Miami United.   CFC keeper Gregga Hartley made a save and scored the winning penalty kick, helping his team to advance to the national semifinals on Saturday.  They will host Sonoma County Sol at 7:30 in the comfy confines of "Fort Finley"  Chattanooga is the top ... (click for more)