The reason for this communication is to make sure you understand that the Champion Post Oak Tree on the Quarry property is in peril. I may have created an incorrect impression on the impact of Senate Joint Resolution 546 allowing some neighbors to think that the tree is protected by the Resolution.  Since the tree is on private property, the Resolution does not enforcebly protect it.

Please support its preservation. Spread the word (large number of supporters are needed) by asking friends and neighbors to endorse SJR 546 by signing our petition at Change.org  at https://chn.ge/2MDtxNu or email us at FOMCQuarry@gmail.com and we will provide a copy.  Also, follow “like” and share us on Facebook. Search www.facebook.com@Savethepostoak

The Lawsuit and Current Status:

Secondly, at the end of Saturday’s message I promised to provide an update on the Lawsuit. 

As you probably already know, with the help of our Councilman Chip Henderson, the Chattanooga City Council passed an ordinance a while ago that corrected an improperly executed, early 2003 “housekeeping measure” with regard to rezoning. That measure converted C-1 and C-6 zoned properties across Chattanooga to C-2.  The 2003 rezoning was not communicated to neighbors of any affected properties as required and thus was wrongly passed without consent. The owner of the Quarry, at that time, continued to use the property as it had been before the house keeping measure until it was sold last year. C-1 would not permit apartments. C-2 has been called “the wild west”, allowing apartments and a number of other uses not allowed under C-1.

After the public hearings on the resolution were heard, the resolution became an ordinance.  The developer closed on his purchase of the property after the resolution was passed and therefore thinking he could overturn the ordinance, he “bought the lawsuit”.

The lawsuit claims Councilman Chip Henderson, the City Council and the City as having taken away the developer’s property rights, decreased the value of the property, and otherwise harmed him.  Remember, he knew about the zoning change before he owned it. He didn’t have to buy it.  As things have progressed, FOMC hired an attorney specializing in zoning to support the city.

As you may recall, prior to the lawsuit and even prior to the developer purchasing the property, Chip Henderson assembled a team of seven residents to meet with the developer to attempt to find a compromise position that would support a development. This process was unsuccessful.  Five of the seven residents have so far been deposed by the developer’s attorneys.  Another of the seven and one who was not on the team have been summonsed for deposition mid-October. While we are not sure what the lawyers are looking for in the depositions, it seems that they are searching for some ulterior motive among neighbors and or Councilman Henderson.  Potential motives that they are searching for might include that we want to buy the property and develop it ourselves.

It’s true that just before he closed we were gearing up to purchase the property but only so that we could donate it as a conservation easement. Since then we presented the developer with an offer to purchase (for a handsome profit) which was flatly refused. All the while our intention has been to pursue the creation of open space and greenways. 

The lawsuit is currently scheduled to be heard in a Knoxville court in June 2020.

Thanks for supporting the Friends of Mountain Creek