Pigeon Forge and Liquor-by-the-Drink.
Two Liquor-by-the-Drink Referenda failed (2009 and 2011).
Normally, Pigeon Forge would have had to wait two years--May 2013--to hold another referendum. However, various lawmakers at the state level maneuvered legislation through so that a new referendum could be held in November 2012.
The November 6, 2012, LBTD Referendum took place. LBTD passed by 100 votes, but an election contest was filed in Sevier Chancery Court by Concerned Churches and Citizens of Pigeon Forge claiming that around 300 votes had been cast in the referendum by ineligible voters who did not reside and did not own property in Pigeon Forge.
On the eve of the election contest trial, the Defendant Sevier County Election Commission asked their attorney to stipulate or agree that the results of the election were "incurably uncertain."
The November referendum was then voided on January 10 by Chancellor Telford Forgety and a new referendum ordered to be held.
The new referendum is set for March 14, 2013.
The NS has the article here.
That this referendum will be closely watched is probably an understatement.
And left unresolved from the last referendum is the issue of "1% voters."
Just prior to the last referendum, several deeds conveying 1% of valuable commercial tracts to non-Pigeon Forge residents were executed.
As owners of property in Pigeon Forge, these "1 percenters" had the right to vote in the Pigeon Forge LBTD referendum. Interestingly, some of the "1% owners/voters" deeded their property back to the original owner right after the November referendum. A follow-up discussion of this aspect of the voided referendum is here.
Showing posts with label Concerned Churches and Citizens of Pigeon Forge. Show all posts
Showing posts with label Concerned Churches and Citizens of Pigeon Forge. Show all posts
Friday, January 18, 2013
Sunday, January 13, 2013
January 13, 2013 Chancellor Orders New LBTD Referendum
A new liquor-by-the-drink (LBTD) referendum will be held in Pigeon Forge.
On the first day of the election contest/trial in Sevier Chancery Court, a few preliminary motions were disposed of and then Chancellor Telford Forgety ordered a new referendum. Click here and here.
LBTD passed by a 100-vote margin in a November 6 referendum in Pigeon Forge. Shortly afterwards, however, it was alleged that the number of votes cast in the election exceeded the number of eligible voters by about 300 votes.
Concerned Citizens and Churches of Pigeon Forge filed suit against the Sevier County Election Commission to contest the referendum. CCCPF claimed that the approximately 300 "extra" votes cast in the referendum were "illegal" votes and made the results of the election "incurably uncertain."
Initially, the Election Commission referred to the 300 "extra" votes as "improper." Depositions were taken. Then on January 9th, the day before the trial, the Sevier County Election Commission held a meeting and unanimously instructed its lawyer to tell the Court that the Election Commission agrees that the results of the LBTD referendum are "incurably uncertain" which is the legal standard for overturning an election. Click here and here.
With the Defendant Election Commission admitting/stipulating to the Court on the day of trial that the results of the referendum were "incurably uncertain" as alleged by Plaintiff CCCPF, the Chancellor's ruling--barring some unanticipated or unforeseen development--was not in doubt.
The parties and the voters in Pigeon Forge will now gear up for another LBTD referendum.
Previous posts and links are here.
On the first day of the election contest/trial in Sevier Chancery Court, a few preliminary motions were disposed of and then Chancellor Telford Forgety ordered a new referendum. Click here and here.
LBTD passed by a 100-vote margin in a November 6 referendum in Pigeon Forge. Shortly afterwards, however, it was alleged that the number of votes cast in the election exceeded the number of eligible voters by about 300 votes.
Concerned Citizens and Churches of Pigeon Forge filed suit against the Sevier County Election Commission to contest the referendum. CCCPF claimed that the approximately 300 "extra" votes cast in the referendum were "illegal" votes and made the results of the election "incurably uncertain."
Initially, the Election Commission referred to the 300 "extra" votes as "improper." Depositions were taken. Then on January 9th, the day before the trial, the Sevier County Election Commission held a meeting and unanimously instructed its lawyer to tell the Court that the Election Commission agrees that the results of the LBTD referendum are "incurably uncertain" which is the legal standard for overturning an election. Click here and here.
With the Defendant Election Commission admitting/stipulating to the Court on the day of trial that the results of the referendum were "incurably uncertain" as alleged by Plaintiff CCCPF, the Chancellor's ruling--barring some unanticipated or unforeseen development--was not in doubt.
The parties and the voters in Pigeon Forge will now gear up for another LBTD referendum.
Previous posts and links are here.
Monday, January 07, 2013
January 7, 2013 Chancellor Lets Pigeon Forge Pro-Liquor Group in on Election Contest
At a court hearing last week, Sevier Chancellor Telford Forgety ruled that the pro liquor-by-the-drink group "Forging Ahead" may intervene and participate in the election contest regarding the Pigeon Forge LBTD referendum held on November 6.
LBTD passed by 100 votes in the referendum, but it is alleged that around 300 "illegal" or "improper" votes were cast in the election. The anti-liquor group maintains that 300 "illegal" votes were cast and the pro-liquor group prefers to call the extra votes "improper."
Hopefully, both groups are concerned about that close to 300 illegal/improper votes were cast and counted in a referendum election that was decided by a mere 100 votes.
Election contests can be difficult for all parties. If Chancellor Forgety does not dismiss the case for lack of standing on the part of the Plaintiff Concerned Churches and Citizens of Pigeon Forge, this election contest will begin on Thursday, January 10, and will likely continue on January 11.
Click here and here.
LBTD passed by 100 votes in the referendum, but it is alleged that around 300 "illegal" or "improper" votes were cast in the election. The anti-liquor group maintains that 300 "illegal" votes were cast and the pro-liquor group prefers to call the extra votes "improper."
Hopefully, both groups are concerned about that close to 300 illegal/improper votes were cast and counted in a referendum election that was decided by a mere 100 votes.
Election contests can be difficult for all parties. If Chancellor Forgety does not dismiss the case for lack of standing on the part of the Plaintiff Concerned Churches and Citizens of Pigeon Forge, this election contest will begin on Thursday, January 10, and will likely continue on January 11.
Click here and here.
Friday, December 28, 2012
December 28, 2012 "Forging Ahead" Wants in on Pigeon Forge LBTD Election Contest
Another player in the Pigeon Forge liquor-by-the-drink referendum wants in on the election contest.
LBTD passed by a 100-vote margin in a November 6 referendum. A lawsuit was subsequently filed alleging that 300+ ballots cast in the election were not from registered Pigeon Forge residents or property owner voters.
Forging Ahead, a group that raised money and campaigned to support passage of LBTD, has filed a motion to intervene in the lawsuit that was filed by Concerned Churches and Citizens of Pigeon Forge against the Sevier County Election Commission.
Forging Ahead is represented by former Knox County Law Director John Owings and wants to intervene in order to "protect its interests and assist the court in consideration of this matter...."
Owings wants his motion heard on January 4, six days before the scheduled start of the trial on January 10 before Chancellor Telford Forgety.
In yesterday's News-Sentinel, the attorney for the Sevier County Election Commission confirmed that most of what he called "extra" votes were cast at the Pigeon Forge City Hall precinct. Attorney Dennis Francis added that he expects that the final number of "extra" votes will be in the high 200s.
The News-Sentinel article is here.
The original complaint filed in Sevier County Chancery Court is here. Paragraphs 10-22 outline the bases of the allegation that approximately 303 improper votes were cast in a referendum that passed by a 100-vote margin.
LBTD passed by a 100-vote margin in a November 6 referendum. A lawsuit was subsequently filed alleging that 300+ ballots cast in the election were not from registered Pigeon Forge residents or property owner voters.
Forging Ahead, a group that raised money and campaigned to support passage of LBTD, has filed a motion to intervene in the lawsuit that was filed by Concerned Churches and Citizens of Pigeon Forge against the Sevier County Election Commission.
Forging Ahead is represented by former Knox County Law Director John Owings and wants to intervene in order to "protect its interests and assist the court in consideration of this matter...."
Owings wants his motion heard on January 4, six days before the scheduled start of the trial on January 10 before Chancellor Telford Forgety.
In yesterday's News-Sentinel, the attorney for the Sevier County Election Commission confirmed that most of what he called "extra" votes were cast at the Pigeon Forge City Hall precinct. Attorney Dennis Francis added that he expects that the final number of "extra" votes will be in the high 200s.
The News-Sentinel article is here.
The original complaint filed in Sevier County Chancery Court is here. Paragraphs 10-22 outline the bases of the allegation that approximately 303 improper votes were cast in a referendum that passed by a 100-vote margin.
Friday, December 21, 2012
December 21, 2012 More on the Pigeon Forge Liquor-by-the-Drink Referendum and Election Contest
Update on the Pigeon Forge Liquor-by-the-Drink (LBTD) Referendum. See December 12th post here.
A number of depositions have already been taken in preparation for the election contest that is scheduled to be heard before Chancellor Telford Forgety in Sevier County Chancery Court on Jan 10-11, 2013. Information on deposition testimony by poll workers is here.
The attorney for the Sevier County Election Commission which handles voting in Pigeon Forge has stated that he agrees with poll workers who stated that it (Election Day) was a "confusing and chaotic" day.
Attorney Dennis Francis also stated that most of the "extra" votes case in the referendum election will come from those who live in Sevier County but outside of the Pigeon Forge city limits. Francis claims that those "extra" votes, which are alleged to be around 303, may be lower than 303 but "not significantly lower."
In the LBTD referendum, there were 1232 votes FOR and 1132 AGAINST. Since the referendum only passed with a 100-vote margin and the validity of 303 votes is in question, the election contest will prove to be very interesting.
Because the election was certified, liquor licenses have been granted. Here.
As in many cities, individuals who do not live in Pigeon Forge but who own property there may vote in city elections. In addition to various irregularities at the polling places, today's News-Sentinel article includes information on property deeds made out to more than a dozen non-residents right before the referendum.
These deeds were drafted by Knoxville arrorney Elizabeth Martin and enabled these individuals, including the attorney, to vote in the LBTD referendum. The deeds transfer a 1% interest in commercial property to the Knoxville attorney and several others and show "$0" as the consideration or amount paid for the 1% interest. After the election, at least three of the "new" property owners, including the attorney who drafted the deeds, deeded the property back to LeConte Village, LLC
The News-Sentinel also reports that the FBI met recently with and obtained records from the group (Concerned Churches and Citizens of Pigeon Forge) that opposed the LBTD referendum and that filed the election contest.
A number of depositions have already been taken in preparation for the election contest that is scheduled to be heard before Chancellor Telford Forgety in Sevier County Chancery Court on Jan 10-11, 2013. Information on deposition testimony by poll workers is here.
The attorney for the Sevier County Election Commission which handles voting in Pigeon Forge has stated that he agrees with poll workers who stated that it (Election Day) was a "confusing and chaotic" day.
Attorney Dennis Francis also stated that most of the "extra" votes case in the referendum election will come from those who live in Sevier County but outside of the Pigeon Forge city limits. Francis claims that those "extra" votes, which are alleged to be around 303, may be lower than 303 but "not significantly lower."
In the LBTD referendum, there were 1232 votes FOR and 1132 AGAINST. Since the referendum only passed with a 100-vote margin and the validity of 303 votes is in question, the election contest will prove to be very interesting.
Because the election was certified, liquor licenses have been granted. Here.
As in many cities, individuals who do not live in Pigeon Forge but who own property there may vote in city elections. In addition to various irregularities at the polling places, today's News-Sentinel article includes information on property deeds made out to more than a dozen non-residents right before the referendum.
These deeds were drafted by Knoxville arrorney Elizabeth Martin and enabled these individuals, including the attorney, to vote in the LBTD referendum. The deeds transfer a 1% interest in commercial property to the Knoxville attorney and several others and show "$0" as the consideration or amount paid for the 1% interest. After the election, at least three of the "new" property owners, including the attorney who drafted the deeds, deeded the property back to LeConte Village, LLC
The News-Sentinel also reports that the FBI met recently with and obtained records from the group (Concerned Churches and Citizens of Pigeon Forge) that opposed the LBTD referendum and that filed the election contest.
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