Arp,Ross/TRDA Win


Mike Ross                                   Doyle Arp

Loudon County Mayor Doyle Arp has pulled another rabbit out of the hat for his developer buddies. Circuit Court Judge Russell E. Simmons handed down his decision Thursday on the TRDA vs Loudon County law suit. The Judge's Memorandum Opinion states in part, "Loudon County has no power to create building standards or issue permits on TRDA property."

Click Here For Memorandum Opinion

TRDA had maintained that they were the only ones who had the power of regulation on current and former TRDA property and the judge agreed. The suit was brought when Loudon County attempted to implement building codes on land formerly owned TRDA. As a member of the TRDA Board Of Directors, Arp sat on his hands when the board voted to sue the county.

Based on the flawed logic of the judge, all land in Loudon County that was ever TRDA land, Tellico Village, Rarity Bay, Rarity Pointe, Foothills Pointe, is exempt from county regulations. That could essentially mean those people now living on former TRDA land are not actually residents of Loudon County but residents of TRDA. Never mind that it's now private property, just the fact that it was once TRDA property forever exempts that property from county regulation. What a deal for developers. Rarity Pointe developer, Mike Ross, learned quickly how to take advantage of this. At Rarity Pointe, Ross quick claimed his property to TRDA who in turn quick claimed the same property right back to Ross in essence making Rarity Point property former TRDA property thus exempt from county regs.

Arp hired attorney A. Wayne Henry to represent the county in the lawsuit then we found out that Arp was using his authority to limit Henry's ability to prepare for the case.

Bottom line is, Arp once again has shown his utter contempt for the residents of Loudon County and his undying devotion to special interest who put him in office. While the residents of Eatons Crossroads, Highland Park, Greenback and all other points in the county will be subjected to county building code fees and regulations those who live in the areas formerly owned by TRDA will be exempt.

So what's next?

The case of Wes Cooper vs Loudon County. You will remember this is the law suit filed by developer Wes Cooper of Cooper Communities/Tellico Village who feels like he should not have to pay the Adequate Schools Facility Tax on the basement portion of a house he built. Cooper had complained about the AST to Arp. Arp had assured Cooper that he would not have to pay the tax on his basement. But Arp over estimated his control of other elected officials who refused to violate the law on Arp's behalf.  Arp had one of his lawyers from Kramer Rayson send Cooper a letter to let him know that he (Arp) would take care of the problem.

Well guess who is representing Loudon County in the case of Cooper vs Loudon County? One of the lawyers from Kramer Rayson. The same firm that told Cooper the county had made a mistake on his assessment and didn't want to go to court. Anybody want to guess how this law suit will turn out? The case is set for trial December 18th.

Now if Arp can just bury the 11.6 million dollar favor he did for Mike Ross he will be well on his to being a great guy.

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12/5/08