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Article published Jun 23, 2009 Legal fight against Maple Lane Farms takes new tack
By Joel Davis of The Daily Times Staff
Greenback resident Velda Shore has changed tactics in her legal war against the zoning decisions that allowed Maple Lane Farms to continue holding concerts.
Kevin Shepherd, a Maryville attorney now representing Shore, has jettisoned allegations of civil conspiracy in a lawsuit against Building Commissioner Roger Fields and is now focusing on alleged sunshine law violations in an amended complaint filed June 15.
The lawsuit takes issue with behind-the-scenes actions that took place before a Board of Zoning Appeals decision in January 2008 to limit Maple Lane Farms owner Bob Schmidt to hosting only one concert per year after Shore complained about traffic and noise. Maple Lane Farms has been home to a yearly corn maze in the fall and the Strawberry Jam music festival in the spring, although Schmidt did not hold the festival in 2009.In a Nov. 1, 2007, letter to Maple Lane Farms owner Bob Schmidt, Fields wrote that "helicopter rides and concerts do not fall under the exemption for agricultural uses, nor are they permissible uses in the Rural District 1 Zone. The helicopter rides must cease within the next 30 days. Failure to comply will result in further legal action."
In a Dec. 13, 2007, letter to Shore, though, Fields seems to have changed his mind:
"After further review of our zoning regulations and with the legal opinion from the attorney for the county mayor, it is my interpretation that the music festivals are not in violation as long as they are incidental temporary uses on the property."
In the amended complaint, Shore is asking the court to set aside the decision to allow concerts on the property.
"The manner by which Fields changed course is in violation of ... the sunshine law, or 'Open Meetings Act.' In essence, it is the stated public policy of this state that the 'formation of public policy and decisions is public business and shall not be conducted in secret.' Fields acted beyond the scope of his authority in making this change.
"... Plaintiff shows that it is her desire that the subsequent decision by Roger Fields to allow the concerts and/or other activities to proceed on Maple Lane Farms be set aside and the original decision ... be upheld."
Shepherd could not be reached for comment on the amended complaint on Monday. Fields referred comment to attorney Hilary Burgin. She could not be reached Monday.
This is the second of two lawsuits that Shore has filed concerning Maple Lane Farms. In February 2008, she filed a lawsuit asking Blount County Chancery Court to permanently prohibit "any other activity that is not agricultural at Maple Lane Farms."
The Chancery Court lawsuit has been set for an August trial date. Through a motion filed by Shepherd, Shore is asking Circuit Court Judge David Duggan and Chancellor Telford Forgety to allow the two lawsuits to be consolidated.
In her court filings, Shore has claimed the Maple Leaf Farms property is not zoned for any use outside agricultural, and that the "commercial and tourist activities" that have gone on there have "brought increased traffic, loud noise and congestion to a peaceful residential area that is neither designed for nor zoned for these commercial and tourist activities.
"Moreover, the increased volume of traffic and activity in the area has resulted in trash being littered along the streets of nearby subdivisions, including that of the plaintiff (Shore)."
As originally filed, Shore's lawsuit against Fields alleged that he and county mayor's attorney Rob Goddard conspired to twist the county zoning appeals process against her. It sought $500,000 in damages from Fields and Goddard because their actions allegedly injured Shore's reputation and subjected her to public hatred and ridicule.
The amended complaint drops Goddard from the proceedings and makes no mention of specific monetary damages. In the motion to amend the lawsuit, Shepherd wrote:
"Plaintiff would show her prior counsel alleged certain facts and theories of law in the original complaint that plaintiff did not believe was appropriate to make. However, she was persuaded by her attorney to sign the complaint."
Shore was originally represented by Knoxville attorney Thomas A. Mabry.