Pet Supply Company Trial Delayed Due To Appeal

Friday, February 8, 2013

Trial of the case in which United Pet Supply is suing the city and the McKamey Animal Center has been delayed due to the filing of an appeal of an issue in the case.

Attorneys for McKamey Center employees Karen Walsh, Marvin Nicholson, Jr. and Paula Hurn appealed to the United States Court of Appeals a decision by Judge Curtis Collier that they were not entitled to the protection of governmental immunity.

The trial had been set to start Monday with Mayor Ron Littlefield listed as one of the witnesses.

The 29-page complaint by United Pet Care says McKamey illegally took the permit for its store at Hamilton Place Mall and also illegally confiscated most of the animals at the store. It says McKamey was acting with ulterior motives when it took 82 animals and the company business records in a raid June 15, 2010. The permit was eventually returned to the store along with most of the animals.

City Judge Sherry Paty stepped down from the case, saying Mayor Littlefield had improperly interfered. An outside judge later dismissed the case, citing "double jeopardy."

The suit asked $5 million in compensatory damages and $5 million in punitive damages. Judge Collier threw out the punitive damage claim against employees Nicholson and Hurn.

Many Photos Of Fairyland Development Featured In New Hiener Photo Book

Many photos of the Fairyland development on Lookout Mountain are featured in the new historic photo book being published by Garnet and Frieda Carter carried out the fanciful development in the 1920s. It was during the construction that the game of miniature golf was invented when a golf ball was hit through a drain pipe at the job site. It was first called ... (click for more)

16,858 Cast Ballots In First 3 Days Of Early Voting In Hamilton County

In the first three days of early voting in Hamilton County, 16,858 have already cast ballots. That includes 1,607 ballots received by mail. There were 5,157 who turned out at early voting sites on Wednesday and 5,083 on Thursday. The total on Friday was 5,011. Sites: Brainerd 1,084, 1080, 1,030 Election Office 1,848, 1,731, 1,698 Collegedale 956, 954, ... (click for more)

Bobby Stone, Is It Really A Win?

It brought a smile to my face this morning when I saw where the case was thrown out of court against Mr. Stone and the domestic violence charge.  I have supported his cause from the beginning, but I do feel heartbreak because his personal life had to be tossed out there for all of us to see.   I truly hope and pray things turn around for him and his wife, while I feel ... (click for more)

Roy Exum: Kelly Could Win It

I am neither a sleuth nor an odds maker but I’d say there is about a one-in-three chance that Interim Hamilton County Department of Education Superintendent Kirk Kelly could become the permanent superintendent of our public schools next Thursday. I am assured something squirrelly is happening on our newly-seated school board. It has been seven months since the last superintendent ... (click for more)

Ooltewah Rallies To Beat Cleveland 37-24 In Key Region 4-5A Battle

Shaking off three lost fumbles and an interception in the first half, Ooltewah settled down and rallied from a 10-point deficit to pull away late and defeat Cleveland, 37-24, in a Region 4-5A football showdown at James N. Monroe Stadium on a chilly Friday night. The visiting Blue Raiders took full advantage of the Owls’ early mistakes and built a 24-14 halftime lead. ... (click for more)

7 Area Soccer Teams Fight For State Tournament Spots

Five Divison I and two Division II girls soccer teams will be in action on Saturday in state soccer tournament qualifiers across the state.   In Division II, GPS and Baylor play in state quarterfinal games in Memphis.   GPS (#3 East/Middle) travels to Hutchison (#2 West) and Baylor (#5 East/Middle) travels to Briarcrest (#1 West).  Winners of those matches will ... (click for more)