Lawyers for the City of Lakeland return to Shelby County Chancery Court Friday (5.25.18) on a motion to dismiss a lawsuit against the City filed in December 2017 by a Lakeland couple. Lou and Cary Melton are seeking to block a bond issue to build a high school wing to the existing middle school, Lakeland Middle Preparatory School (LMPS).
The motion, filed April 17, is to dismiss, or alternatively, is for a summary judgement, based on mootness of the suit, according to Court records.
Link to docket: https://chancerydata.shelbycountytn.gov/chweb/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=CH-17-1772&begin_date=&end_date=
The 10 a.m. hearing will be in Chancellor Walter Evan’s courtroom.
The lawsuit, filed Dec. 8, 2017, seeks to block the lease revenue bonds approved by the Lakeland Board of Commissioners (BOC) and its Industrial Development Board (IDB) last year and force a referendum on any bond issue. The suit also alleges violation(s) of the Tennessee Open Meetings Act.
The Meltons were 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.
Attorney for the defense, Robert L. J. Spence Jr., filed a motion May 15 for permission to appeal. Bryan Meredith, a lawyer with the Spence law firm, also represents the plaintiffs.
Representing the City are attorneys A C Wharton, former Memphis mayor, and Van Turner, Shelby County Commissioner, along with Lakeland City Attorney Chris Patterson and lawyers from his firm, Wiseman Bray PLLC, and Al Bright, who represents the IDB.
Link to the original story about lawsuit: https://lakelandcurrents.com/lawsuit-filed-against-city-idb-by-lakeland-residents/
The motion to dismiss is based on the original case which had a deadline of Dec. 31, 2017 to apply for funds to build the high school wing. Lawyers for Lakeland contend the deadline has passed, thus making the lawsuit moot.
Mr. Wharton originally told the Court that Lakeland had a deadline to issue the bonds prior to Jan. 1, 2018 because of a new tax law that became effective this year.
LMPS opened to students in August 2017 to grades 5-8. Lakeland Elementary School serves students in preschool through fourth grade. Lakeland students attend Arlington High School through an interlocal agreement until a high school is built in Lakeland.
