Tennessee Court Of Appeals Overturns Lower Court In Favor Of Citizen Group

The Tennessee Court of Appeals has returned a unanimous decision in favor of the plaintiffs, a citizen’s group that filed suit against the Jefferson County Economic Development Committee (formerly EDOC now re-branded as EDA) for open records. Following several years in the court system, the Court of Appeals at Knoxville overturned a previous ruling of the Chancery Court for Jefferson County that found in favor of EDOC. Heading the charge for the concerned citizens and listed on the suit was Oliver Wood. A local land owner in the footprint of the defunct mega site proposal, Wood and his neighbors became vocal regarding the closed records policy of EDOC and their concern about the violation of the Sunshine law. They later merged with a group of similar concerns from the other side of Jefferson County, and landowner John Gunn joined Wood to lead the quest for transparency in what their groups viewed as closed government.

Though the proposed mega site project was brought to a close almost as soon as it came to the table, citizens in the footprint who were notified the same day (via special delivery letter) as the launch party were diligent in their effort to promote transparency in government and those that are funded by and do the business of the government. Attorney Scott Hurley, of the Hurley Law Firm in Knoxville was on board as legal representation for the group of concerned citizens from the beginning and it is Hurley that has carried the suit as it has made its way through several branches of the judicial system before landing on the desks of the Tennessee Court of Appeals. Hurley stated “This unanimous decision by the Tennessee Court of Appeals is a huge victory for the taxpayers and citizens of Tennessee.   It is a huge loss for those who support corporate welfare, secret deals and backroom negotiations involving the use of taxpayer money.”

In the decision filed on Tuesday, September 26, 2017, the Court found that organizations that do the business of the government, are largely funded by the government and are comprised of, at least partially, members of the government are subject to open records and the Sunshine law. The court also found that EDOC met the criteria necessary to be subject to open records and the Sunshine Law. “We are grateful that the Tennessee Court of Appeals has made it clear that the Open Meetings Act and the Open Records Act apply to entities such as Jefferson County EDOC.   This ruling insures that taxpayers will have the right to know and speak out about the use of taxpayer funds to finance private industry.” Hurley stated.

He went on to say “We believe that the foundation of this decision is Open Government.   Open in the sense of the taxpayers having the right to know what is being done with their money, before that money is spent.”

Wood, Gunn and the citizen’s group continued with a long, costly court battle despite having won the war, so to speak, when the the mega site proposal was withdrawn due to lack of funding and an active campaign against the project. It was the shock of the arrival of the letters deeming their property in the footprint of the proposed mega site that was the point of contention that would not go away for many of the group opposing the mega site and the fear that, one day, another letter could arrive that fueled the push for transparency of open records and meetings for organizations like EDOC that act with the funding and power of government. This is a precedent setting decision that will likely change the way that several organizations view their responsibilities to the public in regard to open records and the Sunshine Law. Attorney Scott Hurley will certainly be chalking this decision in the win column, because it is not often that a group of citizens takes on the government, or an arm of the government, and brings about significant change. “The citizens who filed the lawsuit were only asking to have access to meetings and records of their government officials.   They have had to wait a long time and endure a long battle, but their determination has resulted in a decision that will open up government records and government meetings all across the State of Tennessee.   Governmental bodies in Tennessee can no longer delegate their work to outside organizations with the intention of dodging the Sunshine Laws.”

EDOC does have the right to appeal the decision to the Tennessee Supreme Court and, if it chooses to file an appeal and the Tennessee Supreme Court agrees to hear the appeal, EDOC will be charged with defending against the unanimous ruling of the Court of Appeals.