Bradley Commission Tables Resolution Regarding Claim Against Liquor Tax Funds

Tuesday, January 21, 2014 - by Tony Eubank

The Bradley County Commission on Tuesday decided to table a resolution to back the Bradley County School Board in its claim for unpaid liquor tax revenues from the city of Cleveland.

The matter was passed until the next work session so that a proper discussion of the legalities can take place.

Commissioner Jeff Yarber made a motion to back the Bradley County School Board's action in seeking payment of as much as $720,000 that it claims it is owed under the Title 57 statute. Title 57 states that the revenue collected from the liquor by the drink tax in each municipality (county, city, town, etc) must be split 50/50 between the general fund for that local government and the schools that lie within that municipality.

The motion to table was then substituted.

Bradley County School Board members believe the schools are owed half of this, a claim that has been refuted by both the Cleveland City Council and Cleveland City Schools. 

l Tea Party chief Dan Rawls asked the commission if any other county has taken this to litigation and won, as well as where would the money come from to pay for the effort to get the funds.

Commission Vice-Chairman Adam Lowe stated that if the school board chooses to go through with litigation that it would have to take on those costs. He also said that the county itself may end up being the proper party or an indispensable party in a court proceeding. In the case of the latter, the costs to the county would be minimal. 

County Attorney Crystal R. Freiberg said, “The only reason we are still involved is because there is a legal question as to whose claim it is. Is it Bradley County’s claim or is it the schools?”

Commissioner Terry Caywood asked Ms. Freiberg if there have been any similar cases taken to court, where the county has won. Ms. Freiberg replied that this issue is fairly new since the discrepancy had been just been brought to light and that as far as she knows there have been no lawsuits over it yet. 

Ms. Freiberg, musing that it is just a matter of time before it does come to litigation, said, “This will be litigated somewhere in the state.”

The Commission also approved measures to form a research committee to look into speed limits on county-maintained roads and to delay the appointment to two commissioners to the SPCA (Society for the Prevention of Cruelty to Animals) of Bradley County board.


Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: BEARDEN, KRISTIN B  128 MORNINGSIDE DRIVE SODDY DAISEY, 37379  Age at Arrest: 31 years old Arresting Agency: Soddy Daisy POSSESSION OF DRUG PARAPHERNALIA POSSESSION OF DRUG SCHEDULED 2 --- BENSON, THOMAS GARY  3520 GOLD POINT CIR HIXSON, 37343  Age at Arrest: 38 years old Arresting ... (click for more)

Abdulazeez Apparently Went Target Shooting In River Gorge Area Prior To Rampage That Killed 5

A 24-year-old Hixson man who went on a rampage and killed five military personnel at Chattanooga apparently went target shooting in the Tennessee River Gorge area just beforehand. A Chattanoogan said he was canoeing the day before the shooting and heard Mohammad Abdulazeez shooting in the woods in a remote area. The man, who said he thought he was being shot at, looked ... (click for more)

Chattanooga Is A Blessed Community

I am an American by birth and a Chattanoogan by the Grace of God. (A phrase I borrowed from the late Lewis Grizzard and modified) I grew up in Chattanooga / East Ridge – Anna B. Lacey Elementary, Dalewood Junior High, Brainerd High, degree UTC.  My family lived in Chattanooga until March of this year but I’m still up every month visiting friends.   I have been following ... (click for more)

Roy Exum: Navy Denies Any Changes

UPDATE: A spokesman for the U.S. Navy on Sunday denied reports that disciplinary charges will be filed against Lt. Cmdr. Timothy White for discharging an unauthorized weapon on federal property.   According to a post of Facebook and other social media sites, a statement reads, “Stories of Navy personnel being charges with an offense are not true. There is still a long way ... (click for more)

CFC Returns To National Championship With 3-0 Semifinal Win

The Chattanooga Football Club didn't score until the 69th minute but after Chris Ochieng's first goal, they would score two more to earn a 3-0 win over visiting Indiana Fire.   The NPSL national semifinal win, before more than 9,200 fans, gives Chattanooga another shot at a national championship after losing to the New York Red Bulls U23 team in the 2014 final.   ... (click for more)

PHOTOS: Chattanooga FC Shuts Out Indiana By 3-Nil