Bradley Commission Tables Resolution Regarding Claim Against Liquor Tax Funds

Tuesday, January 21, 2014 - by Tony Eubank

The Bradley County Commission on Tuesday decided to table a resolution to back the Bradley County School Board in its claim for unpaid liquor tax revenues from the city of Cleveland.

The matter was passed until the next work session so that a proper discussion of the legalities can take place.

Commissioner Jeff Yarber made a motion to back the Bradley County School Board's action in seeking payment of as much as $720,000 that it claims it is owed under the Title 57 statute. Title 57 states that the revenue collected from the liquor by the drink tax in each municipality (county, city, town, etc) must be split 50/50 between the general fund for that local government and the schools that lie within that municipality.

The motion to table was then substituted.

Bradley County School Board members believe the schools are owed half of this, a claim that has been refuted by both the Cleveland City Council and Cleveland City Schools. 

l Tea Party chief Dan Rawls asked the commission if any other county has taken this to litigation and won, as well as where would the money come from to pay for the effort to get the funds.

Commission Vice-Chairman Adam Lowe stated that if the school board chooses to go through with litigation that it would have to take on those costs. He also said that the county itself may end up being the proper party or an indispensable party in a court proceeding. In the case of the latter, the costs to the county would be minimal. 

County Attorney Crystal R. Freiberg said, “The only reason we are still involved is because there is a legal question as to whose claim it is. Is it Bradley County’s claim or is it the schools?”

Commissioner Terry Caywood asked Ms. Freiberg if there have been any similar cases taken to court, where the county has won. Ms. Freiberg replied that this issue is fairly new since the discrepancy had been just been brought to light and that as far as she knows there have been no lawsuits over it yet. 

Ms. Freiberg, musing that it is just a matter of time before it does come to litigation, said, “This will be litigated somewhere in the state.”

The Commission also approved measures to form a research committee to look into speed limits on county-maintained roads and to delay the appointment to two commissioners to the SPCA (Society for the Prevention of Cruelty to Animals) of Bradley County board.


Latest Hamilton County Arrest Report

Keyonta Bentley To Serve 51 Months On Federal Gun Charge

Cleveland, Tn., Man Gets 15 Years In Prison In Child Pornography Case


Here is the latest Hamilton County arrest report: ANSLEY, JASON ORLANDO HOMELESS CHATTANOOGA, 37411 Age at Arrest: 38 years old Arresting Agency: Chattanooga SPEEDING AGGRAVATED ... (click for more)

A Chattanooga man has been sentenced to 51 months in prison for possessing a gun as a convicted felon. District Judge Sandy Mattice handed 28-year-old Keyonta Bentley his sentence after hearing ... (click for more)

A Cleveland, Tn., man, who was referred to as a “monster” at a sentencing hearing, has been sentenced to 15 years in prison for exploitation of a minor and possession of child pornography. Federal ... (click for more)


Breaking News

Latest Hamilton County Arrest Report

Here is the latest Hamilton County arrest report: ANSLEY, JASON ORLANDO HOMELESS CHATTANOOGA, 37411 Age at Arrest: 38 years old Arresting Agency: Chattanooga SPEEDING AGGRAVATED ASSAULT AGGRAVATED ASSAULT VEHICULAR HOMICIDE LEAVING SCENE ACCIDENT DEATH OR PERSONAL INJURY FINANCIAL RESPONSIBILITY DRIVING ON REVOKED, SUSPENDED OR CANCELLED LICENSE FAILURE ... (click for more)

Keyonta Bentley To Serve 51 Months On Federal Gun Charge

A Chattanooga man has been sentenced to 51 months in prison for possessing a gun as a convicted felon. District Judge Sandy Mattice handed 28-year-old Keyonta Bentley his sentence after hearing arguments from his attorney, Jackson Whetsel, and prosecuting attorney Chris Poole. Attorney Whetsel asked Judge Mattice to consider the circumstances of the arrest. While the police ... (click for more)

Opinion

Earl Freudenberg: Remembering 3 Friends (Glenn Draper, Marshall Roberson And Betsy Anderson)

Waking up this Sunday morning (Father's Day), I learned of the passing of three friends who had an impact on my life - Glenn Draper, Marshall Roberson and Betsy Anderson. Glenn was a guest on my radio program many times. He and his musicians represented Chattanooga around the world. In the 50's, Glenn had a national weekly radio program on NBC. He recorded several dozen CD's ... (click for more)

Roy Exum: VW Needs Big Repairs

The banner headline on Monday morning read, “Gov. Lee, top Republicans celebrate failed UAW bid to unionize Volkswagen,” and that’s the second-worst thing that the headline could have said. The worst, of course, is if the UAW had won, and the Detroit-based union that lost 35,000 members last year would be revived -- breaking a hole into the tight wall of foreign-owned auto assembly ... (click for more)

Sports

Red Bank Dunks Cleveland For First Swim Win

It’s been a challenging summer so far for the Red Bank Gators swim team, but they had extra reason to celebrate Monday night after beating the Cleveland Aqua Tigers for their first win of the season. Both teams entered Monday’s competition winless in three meets, but the Gators now have a slash in the win column after recording a convincing victory by a final score of 402-262. ... (click for more)

CASL: Monday's High-Point Scorers:

CLEVELAND HIGH-POINT SCORERS: 18 – Trey Parris III, Monroe Chittum 17 – Breanna Belcher, Charlie Chittum 16 – Lauren Thompson 15 – Elijah Sluss 13 – Luke Hunt 12 – Norah Holt 11 – Abby Anglin 10 – M.J. Miller, Eva Christmann, Estella Clemons, Ivy Briggs. RED BANK HIGH-POINT SCORERS: 19 – Noah Blake, Ben Meagher 17 – Trevor Brooks 15 – Simon Bastnagel ... (click for more)