Chancellor Walter Evans today (12.19.17) denied the motion by Lakeland attorneys to dismiss a lawsuit filed by Cary and Lillian Melton seeking to block bond financing through the City’s Industrial Development Board of a high school wing at Lakeland Middle Prepatory School.
The lawsuit, filed Friday (12.8.17) by Cary and Lillian Melton, further seeks to force a referendum on any bond issue. The suit also alleged violation(s) of the Tennessee Open Meetings Act.
A C Wharton, former Memphis mayor, argued the motion on behalf of Lakeland. Robert L. J. Spence Jr., is representing the Meltons, who have been joined in the lawsuit by James D. Abbott, William T. Mallard, Brian Tipler, Deborah Tipler, Christopher J. Smith, Melissa K. Smith, Heather Long and James L. Murray Jr.
The judge’s denial of the motion to dismiss came after oral arguments lasting almost three hours.
Lakeland will file an interlocutory appeal with the state Appeals Court in Jackson, TN and request an expedited hearing, according to Mr. Wharton’s son, Alex Wharton, who is in practice with his father. If the Appeals Court accepts the case, Lakeland’s attorneys will file another motion to dismiss.
A C Wharton had argued last week that the City’s plan to issue lease-revenue bonds through the IDB had not harmed the Meltons, while delaying the City from proceeding with the bond issue would result in significant harm to Lakeland and its citizens.
In addition to the Whartons, other lawyers representing Lakeland include Van Turner, Shelby County Commissioner, along with Lakeland City Attorney Chris Patterson and lawyers from his firm, Wiseman Bray PLLC, and Al Bright and Jeff Smith with Waller Lansden, Dortch & Davis LLP who represent the IDB. Also present was Karen Neal, bond counsel and Eric Plumley, Lakeland School Board attorney.
Bryan Meredith, a lawyer with the Spence law firm, also represents the Meltons.
… Photos by Lakeland Currents.
