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. 


Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: ALCANTARA, MARCUS ANTONIO  4409 DAYTON BLVD RED BANK, 37415  Age at Arrest: 27 years old Arresting Agency: Chattanooga FAILURE TO APPEAR --- BACHAND, DION THOMAS  3409 LISA DRIVE APT. A EAST RIDGE, 37412  Age at Arrest: 27 years old Arresting Agency: Hamilton County EVADING ARREST ... (click for more)

Anturaum Dickey, 36, Arrested For Federal Warrants In Cleveland

Anturaum Montazz Dickey, 36, of Cleveland was taken into custody on federal warrants at a Blount Avenue residence by members of the Bradley County Sheriff’s Office’s Fugitive Team, backed up by deputies from BCSO, on a tip provided by members of the United States Marshal’s Service.   An additional charge has been filed on Dickey for possessing a Serbian AK-47 style rifle, ... (click for more)

Who's Responsible For East Ridge's Stadium? - And Response

There just can be no excuse for East Ridge High School's stadium being in such dangerous condition that it has been condemned.   Where is responsible for this? I know there are a few other stadiums like this as well. And there is no excuse for this.  Building new and beautiful schools, state of the art technology. Top athletic facilities as well. Yet, East Ridge ... (click for more)

Roy Exum: The Barners Trounce Who?

There is a website known as Grammarly that just completed a profound study. An automated proof-reading company (who I hope never finds out about me) collected 100 comments that each included over 50 words from the comment blogs of the nation’s preseason Top 25 college football teams. Then they fed them into the company’s huge algorithm computer and checked each fan base for punctuation, ... (click for more)

East Ridge Football: Home Side Stands Are Closed ... Four Home Games Will Be Played on Campus

The home side football stands and press box at East Ridge High School are closed permanently due to safety issues, but for the 66 teenagers who wear the orange, white and gray for the Pioneers on Friday nights it’s a small distraction and the season continues. “Playing this Friday’s game against Signal Mountain at Baylor (7:30 p.m.) is a small distraction for us, but we know ... (click for more)

Signal Mountain Sweeps Red Bank In Volleyball

Signal Mountain coach Jennifer Redman was not a very happy young lady last week when Notre Dame came up and took a 3-1 volleyball win in the Lady Eagles' gym. She knows she has an experienced team with more than her share of talent, but they just hadn't been playing like it to start the season. The veteran coach was somewhat happier Wednesday night after her team took a non-district ... (click for more)