A judge has ordered a real estate development company owned by Chattanooga developer John "Thunder" Thornton to pay $211,345 in attorney's fees after its lawsuit against two Marion County residents was dismissed.
Attorneys for the residents said the order that went down on Friday "ends a nearly year-long legal battle in which Thornton unsuccessfully sued local residents Joey Blevins and Ronnie Kennedy (who has since died) for highlighting that Thunder's controversial proposed development – River Gorge Ranch – is situated on a mountain riddled with abandoned underground coal mines."
In September 2024, 12th Circuit Court Judge Justin C. Angel dismissed the lawsuit based on the Tennessee Public Participation Act, which is meant to protect First Amendment rights and allow people to speak freely.
"The Defendants' statements are protected speech relating to a matter of public concern," Judge Angel's order stated. Further, "The Defendants' statements were not false"—"there is evidence that there are abandoned mines, both above ground and strip mines on the property."
Attorney Daniel A Horwitz said, "The court's order serves as complete vindication for Mr. Blevins, who performed a public service and looks forward to collecting the money that Thunder owes him. Hopefully, this humiliating defeat will teach Mr. Thornton and all other developers who dare to abuse Tennessee's court system an important lesson: litigation is not a substitute for addressing valid criticism."
Attorneys Horwitz and Melissa Dix, of Horwitz Law were awarded $91,138.
Mr. Kennedy was represented by attorneys William "Jay" Harbison II and Daniella K. Bhadare-Valente, of Neal and Harwell, who were awarded $120,206.84.
Dane Bradshaw, president of Thunder Enterprises, said, "TPPA has a relatively unusual provision requiring payment of attorney fees upon dismissal of an action, and the court was obligated to assess those fees."
Mr. Bradshaw also said, "We are pleased with the judge’s ruling that Aetna Mountain is a safe and developable property, as reaffirmed by Judge Angel in his findings.
"Judge Angel stated, 'The Court is confident that the Plaintiff, mainly Thunder Thornton, will be able to build a safe and beautiful community on Aetna Mountain.' Furthermore, Judge Angel noted that Mr. Thunder Thornton acted in good faith, stating, ‘Motion for Sanctions against the Plaintiff is denied. Mr. Thunder Thornton is a well respected and renowned real estate developer and businessman in our state. He has a legitimate and financial interest in protecting the value and reputation of his properties and investments. He initiated this litigation in an attempt to effectuate his aforementioned interests. The Court finds no proof this litigation was sought for any improper of malicious purpose.’"