Crossville Chronicle, Crossville, TN

Area News

December 30, 2011

Smith reappointment tops 2011 news

CROSSVILLE — York resigns, Smith re-appointed to election post

The Tennessee State Election Commission made and approved appointment by the state to the Cumberland County Election Commission for the 2011—2013 term. Democratic party representatives Bob Austin and Lisa Phillips were reappointed; and Republican party representatives Jim A. Petty, Linda Baehr-Caldwell and Tim Claflin were newly appointed.

Petty, Claflin and Baehr-Caldwell replaced Calvin Smart, Thomas Henderson and Denver Cole, who served for one term from 2009—2011.

Just prior to the first meeting of the newly appointed election commission members, Cumberland County Administrator of Elections Sharon York resigned her position with the county election commission as of 4 p.m. Thursday, April 14.

The Cumberland County Election Commission met for a special-called meeting at 4 p.m. Thursday and received York's resignation by a letter that was hand delivered by Cumberland County Mayor Kenneth Carey. Carey delivered the letter to the election commission about five minutes before the meeting was scheduled to begin.

Nearly two-weeks later the election commission rehired past county election administrator Suzanne Smith to her former post. Smith had served for more than 30 years in the position.

The action came two years after Smith was unceremoniously replaced in a movement orchestrated by state Republican officials and despite the objections of all of the locally elected Republican office holders.

Supreme Court reverses Smith Mountain ruling

In December, the Supreme Court of Tennessee reversed the ruling of the Court of Appeals and Chancellor Ronald Thurman in the case of Dave Brundage, Black Cat Lodge and several other residents of Smith Mountain versus Cumberland County and Smith Mountain Solutions, LLC.

The ruling means that the case filed against the county is back to square one and will be heard by Chancellor Thurman as it was supposed to in the beginning.

The original suit seeks a judicial review by writ of statutory certiorari by Chancellor Thurman regarding resolution 0609-12 adopted June 15, 2009 by the Cumberland County Commission and/or Cumberland County. The approved resolution allowed Smith Mountain Solutions, LLC to construct a coal ash landfill on Smith Mountain.

Thurman ruled in November 2009 in favor of a motion to dismiss the suit because those who filed the suit did not file their petitions within the allotted time period.
The basis for Thurman's decision was that a verified petition was not filed by the plaintiffs within a 60-day time period as required in Tennessee Code Annotated (TCA) 27-9-102.

The case was appealed up to the Tennessee Supreme Court, which agreed to hear the case in February of 2011. The case was heard in June of this year by the Supreme Court.

The Supreme Court ruling states, "... The fact that the residents' petition did not satisfy the formal requirements for a writ of certiorari does not necessarily mean that the petition must be dismissed. In other land use planning cases, the courts have consistently been lenient with regard to their construction of the petition ... "

Two prior cases are then given as examples and the ruling continues, stating, "the body of the petition reflects unmistakably that the residents were seeking judicial review of the Cumberland County Commission's decision under the Jackson Law to authorize Smith Mountain Solutions, LLC to construct a coal ash landfill on Smith Mountain."

A new trial date has not yet been scheduled.

Text Only
Area News
  • Hwy. 70 crash.jpg CCHS student dies in car crash

    Crossville Police have identified the victim of a two-vehicle collision that occurred Tuesday morning on Hwy. 70 W at the intersection of Dillon St. as a sophomore at Cumberland County High School.

    April 22, 2014 1 Photo

  • IMG_0783.JPG Visitors center now open to the public

    A ten-year effort to establish a gateway to the Big South Fork National River and Recreation Area, as well as to point tourists and visitors to the many other area parks, historical sites and points of interest, concluded Thursday as the community gathered with officials from the city of Crossville, Cumberland County, the Crossville-Cumberland County Chamber of Commerce and the National Park Service to dedicate the Crossville-Cumberland County: Gateway to the Big South Fork Visitors Center on River Otter Dr.

    April 22, 2014 2 Photos

  • Shots fired during standoff over domestic situation

    Chickens were killed, threats of bodily harm made and at least three shots fired in the presence of a Cumberland County sheriff's deputy during a domestic dispute between an uncle and nephew.

    April 22, 2014

  • Jury selection set in Batty slaying

    Jury selections were scheduled to begin today in the trial of John Russell Giles of Hampshire Lane, Fairfield Glade, charged in connection with the Nov. 7 death of Kimberly Ann Batty, 58, of Dovenshire Dr., also Fairfield Glade.

    April 22, 2014

  • Thoughts for this holy time of Easter

    The first performance of George Friderick Handel's masterpiece, "Messiah," was given in Dublin, Ireland, on April 13, 1742, where it was well received. When it was performed in England there were criticisms of the music, performers and location of the performance. It was held that the subject matter was too exalted to perform in an opera house, but rather it should be performed in church. Wouldn't it be interesting if we knew how many times this magnificent music has been performed in the past 272 years?

    April 22, 2014

  • Joe Goodwin.JPG Warden Joe Goodwin remains a true original

    The Tennessee Wildlife Resources Agency celebrates its 65th anniversary this year, and Crossville's Joe Goodwin is part of that living history.

    April 21, 2014 1 Photo

  • Fleeing shoplifter causes $30,000 in damage

    A Morgan County man fleeing from the scene of a $4.99 shoplifting incident allegedly backed his vehicle into a light pole, destroying a solar power system and causing nearly $30,000 in damage.

    April 21, 2014

  • Policy looks at e-cig use

    A new nicotine delivery method has the Cumberland County Board of Education looking at changes to its tobacco-free schools policy to ensure a loop-hole doesn't exist.

    April 21, 2014

  • rendezvous.jpg TSRA starts spring off with paddling trips

    About 150 members of the Tennessee Scenic Rivers Association (TSRA) recently gathered April 2-6 in Crossville at Camp Nakanawa for the Annual TWRA Rendezvous.

    April 19, 2014 1 Photo

  • Panel recommends using third-party billing for old EMS bills

    The budget committee approved hiring the same third party billing company to help go through older EMS ambulance service bills to resubmit them to help the EMS department get caught up with billing collections.

    April 19, 2014

Marketplace Marquee
Must Read
Section Teases
Seasonal Content
AP Video
Bon Jovi Helps Open Low-income Housing in Philly Pipeline Opponents Protest on National Mall Hagel Gets Preview of New High-tech Projects S.C. Man Apologizes for Naked Walk in Wal-Mart New Country Music Hall of Fame Inductees Named 'Piles' of Bodies in South Sudan Slaughter New Yorkers Celebrate Cherry Blossom Blooms SCOTUS Hears Tv-over-Internet Case Justice Dept. Broadening Criteria for Clemency Chief Mate: Crew Told to Escape After Passengers 'Miss Meadows' Takes Holmes Back to Her Roots Biden: Russia Must Stop Talking, Start Acting David Moyes Out As Manchester United Manager Raw: Leopard Bites Man in India Iowa College Finds Beauty in Bulldogs High Court to Hear Dispute of TV Over Internet Stowaway Teen Forces Review of Airport Security
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Weather Radar
2014 Readers' Choice