posted September 26, 2008
W. Timothy Ballard has filed suit in Chancery Court, seeking to block the sale of some valuable Ooltewah property.
Mr. Ballard said he is the rightful owner of one-half the property, but has never been awarded his half.
He filed the lawsuit against Ooltewah Properties, which was formed in 1995 by Delwin Huggins and Mike Carter, former General Sessions Court judge.
The property is now listed as Ooltewah Properties LLC, care of Phil Martin of Gulf Shores, Ala. Mr. Martin is a former Ooltewah businessman, who was once active in Republican Party politics.
The property, which is listed on the tax rolls at over $1 million, is in several tracts near the Mill Run subdivision and the new Publix grocery near Exit 11 of Interstate 75.
Mr. Ballard said he signed a contract on Nov. 29, 2002, in which Ooltewah Properties agreed to convey to him one-half interest in the firm in exchange for him obtaining refinancing for a loan and personally guaranteeing the loan.
He said he obtained the loan from Northwest Georgia Bank and he has been making one-half or more of the payments.
He said other liens were placed on the property in breach of his contract.
Mr. Ballard said he learned in late August that Ooltewah Properties intended to sell the valuable property and that a buyer had been secured.
He said it was "all without notice" to him and "without any intention" of paying him half.
He then filed a lien lis pendens against the property.
The suit was filed by attorney Heidi Hoffecker.
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