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.
2. PUBLIC HEARING
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. 


Walker County Arrest Report For Feb. 1-7

Here is the Walker County arrest report for Feb. 1-7: PARM JOEL   KIMSEY        W/M    56        Officer MATHIS        SIMPLE BATTERY FVA ROSSON        JASON           ... (click for more)

Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: ATOIQUE, YOMARA DENISE  520 VERNON AVENUE DALTON, 30720  Age at Arrest: 42 years old Arresting Agency: Chattanooga THEFT OF PROPERTY (UNDER $500) --- BERRY, CHARLES MICHAEL  309 WEST MIDVALE AVE RED BANK, 37405  Age at Arrest: 20 years old Arresting Agency: Red Bank FAILURE TO ... (click for more)

The City Failed To Watch The Chattanooga History Museum Dollars

The tell tale signs of the History Museum's folly have been evident for years. When I was a former member of City Council I interviewed Dr. Daryl Black, Ph.D. to determine if I should argue for or against the annual funding of his organization. His interview, the multi-year history of administrative non-performance (despite consistent repetitive funding), and a review of the organizational ... (click for more)

Roy Exum: Greenholtz: A No-Brainer

I am going to make this as simple as I possibly can. There are three fine lawyers now running for Criminal Court Judge and anywhere you go there will be people who like and admire Tom Greenholtz, Boyd Patterson and Mike Little. But when we select a judge, it should never be based on popularity. That’s why Gov. Haslam picked Greenholtz over both Little and Patterson this summer to ... (click for more)

Red Bank Beats Pigeon Forge For A-AA State Duals Title

FRANKLIN, Tenn. – The Red Bank Lions finally reached the mountain top as far as high school wrestling is concerned. The Lions had finished second to Bradley in the State Duals back in 1995 and it had been 16 years since the Lions had been involved, but they put an exclamation point on a strong dual-meet season by winning the Class A-AA title here at Williamson County Agricultural ... (click for more)

Bradley Whips Soddy Daisy For AAA State Duals Title

FRANKLIN, Tenn. – The Bradley Bears have won more state duals titles than anyone and they added another one after going four years without being in the championship round. It’s been a remarkable season for the Bears, who beat region-rival Soddy Daisy by a 52-21 margin for their latest state title. Saturday night’s   match was never really close as the Bears had a ... (click for more)