Recall Group To Appeal Ruling Of Judge Hollingsworth

Tuesday, March 06, 2012

Members of the group seeking to recall Mayor Ron Littlefield said they will appeal Circuit Court Judge Jeff Hollingsworth's latest ruling in the case.

Jim Folkner, Darrel Sivley and Charlie Wysong filed a notice of appeal at the Circuit Court Clerk's office Tuesday afternoon.

Mr. Folkner said at this time they are acting without an attorney.

Judge Hollingsworth has twice invalidated the recall.

The group appealed the first time and got a reversal at the Court of Appeals level.

Mayor Littlefield then filed a second lawsuit.

A special mayoral election had been set for August after the Election Commission ruled the recall valid. But Judge Hollingsworth threw that election out.

Mr. Silvey, local businessman and a member of the Tea Party said, “I know many people don’t think Mayor Littlefield should be able to question the recall process now; they think he had his chance when the Election Commission first made its ruling about his recall in June 2010.And, certainly Circuit Court was not the proper venue.

The lawsuit revolves around the proper enactment of the charter of the city of Chattanooga."It's been nearly two years since Mayor Littlefield's willful decision to raise property taxes by 19% in the midst of Chattanooga's worst economic crisis in 80 years.The mayor's detrimental policy was the basis for the recall movement that garnered over 15,000 signatures.But the sad reality is that the citizens of Chattanooga are still paying for Mr. Littlefield's tax and spend policies through higher property tax rates. While the mayor's skillful legal maneuvering in court has forestalled his recall, this does not change the reality that the will of the people has been suppressed and ignored.So it is on behalf of the people of Chattanooga that this appeal is being undertaken."

Mr. Wysong said, “Back when all of the questions about the city charter began, Councilman Manny Rico asked for an opinion by senior law consultant Sidney Hemsley with the Municipal Technical Assistance Service. Mr. Hemsley initially said that the recall section of the city charter had not been properly enacted. Several days later, he reversed himself and said he had relied on historical statements and had failed to investigate to see if those facts had changed.”

 “Chattanooga city government is becoming a sham. The citizens have made it clear that they want this mayor to leave, but the city’s forces of power have sought to join rank and disenfranchise the citizens. The mayor has been allowed to go into court three times to protect himself from recall.”


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