World War II Veteran Sues Collegedale, Neighbor, Alleging That Fence, Garage Were Built On His Land

Tuesday, May 06, 2014

A World War II veteran is suing his neighbor and the city of Collegedale, alleging that part of his land was taken by the neighbor with the acquiescence of the city.

Vernon Herod and his wife, Roberta, are suing Tammie Davis Crabtree and the city in Circuit Court.

The Herods live at 4520 University Dr. and Ms. Crabtree at 4524 University Dr.

The suit says Ms. Crabtree last June began building a garage and a fence on the Herod property. It says Ms. Crabtree failed to get a building permit for the garage.

It says Mr. Herod complained to City Commissioner Larry Hanson, who contacted Andrew Morkert, city zoning official.

The complaint says Mr. Morkert recommended that the Zoning Board of Appeals not grant a variance to Ms. Crabtree, but it did anyway.

It says Ms. Crabtree tore down a fence that Mr. Herod had built about 35 years earlier and put up the new fence that was 1-2 feet on his side of the property line. The garage encroaches a foot on the Herod property, it was stated.

The suit says last November that Mayor John Turner notified Ms. Crabtree to stop the alleged encroachment, but she refused. It says the mayor then named a new Zoning Appeals Board.

It says Mr. Herod approached the new chairman of the appeals board, and he advised him that the encroachment "was not very much" and "would not hurt anything."

The mayor then dissolved the Zoning Appeals Board.

The suit, filed by attorney Robin Flores, says the Herods are very elderly and in ill health. 

It says Ms. Crabtree has sought to intimidate the couple, including placing a sign on the fence that says "Beware of Dog."

The suit says Ms. Herod has suffered a stroke over the conflict.

The complaint asks Ms. Crabtree to pay $500,000 for punitive damages, $500,000 for the medical condition of Roberta Herod and $200,000 for loss of consortium.

It asks that Collegedale be ordered to pay $100,000.

The suit seeks an injunction ordering Ms. Crabtree to tear down the fence and garage.




Here are the upcoming City Council agendas: Tuesday: I.    Call to Order. II.    Pledge of Allegiance/Invocation (Councilman Mitchell). III.    Minute Approval.              IV.   Special Presentation. V.    Ordinances – Final Reading:   ... (click for more)

Catoosa County Arrest Report For July 18-24

Click  here  for the Catoosa County arrest report for July 18-24. (click for more)

Cell Phones And Roundabouts

I read the article written by Chris Morgan about the use of cell phones in vehicles and the Chattanooga Roundabouts. Cell phone use in vehicles especially in crisis intersection situations is extremely dangerous. I also agree with his assessment about the roundabouts. One problem I see with roundabouts is that on the two-lane roundabouts where they are coming in from ... (click for more)

Roy Exum: The NCAA’s “Division IV”

Jonathan Jensen and Brian Turner are two very smart guys. Not long ago the two sports researchers at Ohio State authored a story that appeared in the Journal of Quantitative Analysis in Sports that focused on the most successful college football teams in the country and, earlier this week, a writer named Ben Cohen broke it down in understandable terms for a fascinating Wall Street ... (click for more)

Stone Leaves South Pitt For Coaching Positions At Boyd-Buchanan

The possibility of a career move was definitely in Wes Stone’s future. The one he took wasn’t necessarily on his radar screen just a few weeks ago. Stone, assistant football and head baseball coach at South Pittsburg, has left the Pirates for teaching/coaching positions at Boyd-Buchanan. The 38-year-old Stone, who already is working with the Bucs’ football team as a defensive ... (click for more)

Montgomery Stops Lookouts Thursday, 6-4

The Chattanooga Lookouts jumped out to an early lead, but committed four errors on their way to a 6-4 loss at the hands of the Montgomery Biscuits. Recap Lookouts' center fielder Darnell Sweeney started the game on a positive note for Chattanooga, leading off the bottom of the first with a single. Noel Cuevas followed up Sweeney's single with a line drive base hit of ... (click for more)