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 Bradley County Arrest Report

Click  here  for the latest Bradley County arrest report. (click for more)

Kitchen Fire Displaces 2 People Monday Night

Chattanooga firefighters responded to an apartment fire shortly after 9 p.m. Monday night at Royal Arms Apartments, 314 McBrien Road. Captain Kevin Carpenter with Quint 13 said the first firefighters on the scene found a small kitchen fire and extinguished it with a portable water extinguisher.  Captain Carpenter said two people were displaced by the fire, with one of ... (click for more)

General Bell: This Government Shutdown Is Outrageous - And Response (3)

The day before yesterday two Army Apache Attack Helicopter pilots were killed in a crash during training at Fort Irwin, Ca.  The pilots and their unit were preparing for a future deployment to combat operations.    As a result of the government shutdown, none of the spouses or families of these pilots will receive a dime from the United States Government in immediate ... (click for more)

Roy Exum: Making A Difference

It was about 50 years ago when the late writer Loren Eiseley penned an essay called “The Starfish Thrower” so it’s been one of my favorite stories for almost as long. It tells about a man who walks up to a young boy on a beach, this just after a strong storm had washed hundreds of helpless starfish onto the shore. The boy was picking up the stranded starfish and, one at a time, ... (click for more)

McCallie Bounces Back To Beat MBA, 56-42

It’s been a tough two-week stretch for coach John Shulman and his McCallie basketball team as they lost two games in a row after starting off the season with 17 straight wins. The Blue Tornado had a makeup game with Montgomery Bell Academy at McCallie Monday night and the home team got back on the winning track with a 56-42 victory. With the win, McCallie improves to 18-2 ... (click for more)

Ooltewah's Second-Half Rally Dumps East Ridge, 66-54

East Ridge launched an all-out 3-point blitz against Ooltewah on Monday night at Catherine Neely Gymnasium. The Owls, who trailed 2-0 before the game even started due to Cam Chambers’ technical foul because of dunking in warmups, weathered that storm. They whittled an 18-6 first-quarter deficit down to 27-23 at halftime. Ooltewah took its first lead at 31-30 on Kobe Smith’s ... (click for more)