Black Creek Group Appeals Judge's Decision To Toss Out $9 Million TIF

Friday, August 15, 2014

Developers of a planned major development on Aetna Mountain have filed an appeal of a judge's decision tossing out $9 million in Tax Increment Financing (TIF) to build a road and sewer line up to the project.

MBSC Black Creek, LLC, and IDB Investor, LLC filed notice they wanted to appeal to the Tennessee Court of Appeals the ruling of Chancellor Frank Brown.

The city of Chattanooga and the City Industrial Development Board have not yet taken any action on an appeal. That issue was set to be taken up at a meeting of the IDB this morning.

The IDB is also being asked to reconfirm the earlier TIF that the judge said was null and void due to a Sunshine Law violation and a conflict of interest on a letter from an attorney saying it was a valid project for TIF help.  

The development group bought the TIF bonds and has already spent almost $1 million, including $242,000 in lawyer fees.

Four City Council members have asked the IDB to return the matter to the City Council and County Commission for further study.

Here is the agenda for today's meeting:

1. Call meeting to order.
3. Consideration of legal decisions and advice of counsel pertaining to the Tax Increment Financing at Black Creek Mountain (the “TIF”), including, but not limited to, reviewing materials related to the TIF.
4. Decision as to whether to appeal the court case involving litigation in the matter of Helen Burns Sharp v. Industrial Development Board, et al.
5. Decision as to whether to reconsider the TIF as a project as referenced under T.C.A. § 7-53-101(13).
6. Decision as to whether to ratify the actions of the Board to approve this TIF as a project in a previous meeting.
7. Adjourn. 

Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: BALDEN, MORE MOUSSA  2000 SUNSET RD CHATTANOOGA, 37404  Age at Arrest: 45 years old Arresting Agency: Chattanooga PUBLIC INTOXICATION --- BEENE, JASON  3660 CRESTWICK CIRCLE GULF SHORES, 37421  Age at Arrest: 38 years old Arresting Agency: Chattanooga AGGRAVATED ASSAULT --- ... (click for more)

Latest County Jail Booking Report

Here is the latest jail booking report from Hamilton County: ASHFORD, LARRY  3718 JUANDALE TRAIL CHATTANOOGA, 37406  Age at Arrest: 64 years old Arresting Agency: Chattanooga GAMBLING PROMOTION GAMBLING DEVICES --- BATTLE, FREDRICK LAMAR  HOMELESS CHATTANOOGA, 37407  Age at Arrest: 52 years old Arresting Agency: Chattanooga DOMESTIC CRIMINAL ... (click for more)

Welcome The Bike Lanes

In just the last week, I’ve driven from North Chattanooga to downtown using North Market numerous times.  I’ve timed it and it has added no extra time to my commute.  In fact, cutting North Market down to one lane slowed folks down and made me feel safer while driving, which is actually the point of the road project. On top of that, I saw an adorable family biking ... (click for more)

Roy Exum: How We Learned To Play

A couple of years ago I was reading a fascinating story that asserted the “Little Rascals” taught generations of children how to play with each other. When the comedy show about children in a poor neighborhood originated in 1922, there were just silent movies but in 1929, when the “talkies” were introduced, children and adults alike were mesmerized by the wonderful humor that producer ... (click for more)

Arkansas Ground Game Pounds Tennessee, 24-20

KNOXVILLE, Tenn. – At least Tennessee didn’t blow a double-digit lead late. Arkansas wiped out the Vols’ 14-0 lead in the first half in front of 101,265 fans at Neyland Stadium and went on to dump Tennessee, 24-20, Saturday night in Southeastern Conference football action. It was Tennessee’s second straight loss and the win snapped the Razorbacks’ three-game skid. ... (click for more)

Do The Tennessee Football Program's Problems Start At The Top?

Late last night former LSU and NFL star Booger McFarland was literally laughing at Tennessee during his post-game commentary on the SEC Network. I can understand that. Again "Botch" Jones took no responsibility for this third terrible agonizing loss during his post game "softball" interview with Vol play-by-play broadcaster "Blob" Kesling after once again blowing a two touchdown ... (click for more)