Chancellor Pam Fleenor has ruled that Helen Burns Sharp, who sued over the validity of a $9 million Tax Increment Financing (TIF) for a planned major development on Aetna Mountain, should be reimbursed her discretionary costs as well as her attorney fees.
Ms. Sharp said in a recent court filing that her legal bills to attorney John Konvalinka were $74,427 at the time.
The award is against the City Industrial Development Board (IDB), a city of Chattanooga entity.
Chancellor Fleenor, in a memorandum opinion, said prior Chancellor Frank Brown had ruled that Ms. Burns, a citizen activist, had "won" her case in which it was ruled that the Sunshine Law was violated in approving the TIF.
After the Brown ruling, the IDB met again and reaffirmed the TIF for a development group including Doug Stein and Gary Chazen.
Ms. Burns has since filed a new lawsuit contending that the second approval should also be set aside.
Chancellor Brown ruled that, in addition to the Sunshine Law violation, there was a conflict of interest with the attorney who gave a favorable opinion on the TIF.
Click here to read the ruling.