Helen Burns Sharp Files New Lawsuit Seeking To Halt $9 Million Black Creek TIF

  • Friday, September 12, 2014

Citizen activist Helen Burns Sharp late Friday afternoon filed a new lawsuit seeking to invalidate a $9 million Tax Increment Financing (TIF) by developers planning a major project on Aetna Mountain at Lookout Valley.

Ms. Sharp won an earlier Chancery Court lawsuit against the TIF, but the City Industrial Development Board (IDB) met on Aug. 15 and again approved it by a 4-1 vote.

The new lawsuit says IDB member Chris Ramsey, who seconded the motion on Aug. 15, was not eligible to be on the board because he does not live in the city.

It says the IDB is supposed to have at least seven members, but has been short of that number for some time.

The 15-page lawsuit filed by attorney John Konvalinka also hits former City Attorney Mike McMahan's role in securing the TIF.

It says city employees are not supposed to receive compensation other than their city salaries, but it says attorney McMahan received payment for his work on the TIF. Ms. Sharp earlier said the amount was $7,500.

The suit says attorney McMahan gave an erroneous opinion to the IDB on whether the project met the qualifications to receive a TIF.

It says he put himself into the situation of being a witness in the case as well as the attorney, and it said he had a conflict of interest.

The complaint, which is brought against the city and the state, says the city has not turned over certain documents requested by Ms. Sharp.

It again asks that the Black Creek TIF be invalidated.

Click here to read the lawsuit.

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