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. 


Users Of New Riverwalk Section Can Use App For Trail Information, History

Users of the new Tennessee Riverwalk section between Ross's Landing Park and St. Elmo can use a mobile device app to get information and history about the trail. Dan Saieed, of the county development department, said a $49,425 grant was secured to cover the cost of the app. It will be developed by the Neo Tech firm and ready when the new section of trail by the Tennessee Riverwalk ... (click for more)

Circuit Court Jury Gives $20,599,000 Verdict In Favor Of Canyon Ridge Developers; Punitive Damages To Be Added

A Hamilton County Circuit Court jury on Thursday awarded $20,599,000 to the developers of Canyon Ridge on Lookout Mountain against a financial firm that allegedly secretly started working on a rival project. The jury also said the plaintiffs are due punitive damages. The amount will be set on Monday morning in the courtroom of Judge J.B. Bennett after each side gives 20-minute ... (click for more)

Erlanger Electronic Medical Records Purchase Doesn't Add Up - And Response

Erlanger has recently announced their decision to purchase a $100,000,000 Electronic Health Information System. Something smells. Erlanger's downtown campus has 760 licensed beds, according to hospital-data. That would equate to $131,578 per bed for this system (now that's a lot of ipads). Please re-read that simple math. I use to manage an Electric Medication Administration ... (click for more)

Roy Exum: General Boykin Helps ‘Warriors’

General W.G. “Jerry” Boykin is one of the most fabled warriors in modern-day warfare. He is also one of the most polarizing men who has ever served his country. General Boykin, retired after 36 years as a soldier, spent 13 years in the secretive Delta Force. At one time he commanded the Green Berets and was in one some pretty impressive engagements. In 1980 he was in on the ... (click for more)

Harris Leaves Tyner For Administrative Job At Dalewood Middle

Long-time Tyner Academy boys basketball coach Gerald Harris has resigned his coaching position to accept a job as assistant principal at Dalewood Middle School. Harris, 49, was offered and accepted the administration job last Friday and met with last year’s team on Tuesday to break the news to those players. “I’ve been coaching a long time and I’ve said goodbye before,” ... (click for more)

Randy Smith: Giving With A Cheerful Heart

Recently a program was started called, "Dining Out For Life," benefitting people who are affected by HIV. Tonight  several local restaurants will be partnering with Chattanooga Cares to raise money to support the organization's nutrition assistance program. There is a big need for fresh fruit and vegetables and the funds raised this evening will go to support that need. ... (click for more)