Lebanon Property rights Violation

The word, interpret, is found nowhere in our U.S. Constitution. 

Remember, politicians, lawyers, judges, and bureaucrats swear an oath to uphold the law...NOT interpret the law   ~John DeMoor

Starting in November 2014, I've been exposing corrupt officials in Lebanon, TN using evidence already in the THE PUBLIC RECORD! You will find further examples of corruption within various pages on this website. 

Corruption definition: Moral perversion; Depravity. Perversion of Integrity. Corrupt or Dishonest Proceedings. Bribery. 

PERSONAL PROPERTY RIGHTS VIOLATION

January 22, 2021 update: My official ethics complaint against the city attorney, and lack of action by the office of mayor will now proceed with a request to recently elected Mayor Rick Bell. It is my hope Mayor Bell will act according to his oath of office to uphold the law. On this date, I'm sending an email and letter to Mayor Bell. The results, or lack thereof, will appear, herein.

March 2021: After responding to my letter sent January of this year, the new mayor is ignoring the violation of my property rights (6 years and counting), as the two previous mayors have done, and the city attorney have done. SEE: City Property Violations at the menu page above. The newly elected Mayor Rick Bell stated he would talk to the city attorney about the issue; after 9 weeks, there should have been a decision. 

As I stated, 6 years and counting, my property rights violation by city government, and the refusal of the city attorney to obey City Charter demands that an independent investigation be convened. 

Explanation:

Despite my ongoing efforts, the following violation of my property rights, and refusal of City Attorney Andy Wright to obey an official ethics complaint, as ordered by the City of Lebanon, TN Charter, to inform the City Council an investigation MUST take place, the (now) former Mayor Bernie Ash allowed my rights to continue in violation

In November of 2014, the Lebanon (TN) City Council voted to enact a historic overlay onto the street in which I live, despite the fact there are no historic structures on the street, and in direct violation of not only Tennessee State Law, but against my U.S. Constitutional property rights, AND in violation of the Historic Preservation Act of 1966; the Historic Preservation Act requires a request for qualification be sent to the U.S. Department of the Interior. No such application was submitted, and certainly not approved, as per my personal conversation with the department.

Lebanon City Attorney, #AndyWright made no comment, and has refused to obey the city charter by which I filed an ethics complaint. My ethics complaint made it's way to the Tennessee Supreme Court Ethics Committee, but was rebuffed (in writing) because...GET THIS: City of Lebanon Attorney #AndyWright was sitting on the Ethics Committee!!! 

When I notified the office of (former) Tennessee Governor Bill Haslam, I received no response. When I notified current Tennessee Governor Bill Lee's office, I was encouraged to hire an attorney!!! #GovernorBillLee

As recently as September 23, 2019, I sent the following letter to current City Council members, who, despite their oath of office to uphold the law, have chosen to ignore the fact the city is in violation of the law.

~As of September 1, 2020, none of the council members have bothered to respond to my letter, which I sent via the postal service, to their homes. 

Our city representatives have a responsibility to be more responsive to citizens. In my case, they choose to ignore my lawful quest, which is indicative of their character.

September 23, 2019 

City Council of Lebanon

#JoeyWCarmack, Ward 1

#FredBurton, Ward 2

#CamilleBurdine, Ward 3

#ChrisCrowell, Ward 4

#TickBryan, Ward 5

#JeniLindBrinkman, Ward 6

RE: Historic Overlay-Greenlawn Drive; official Ethics Complaint.

Dear Council Members:

Realizing I have the option of addressing the contents of this letter in a public council meeting, I’m opting instead to send this letter of notification, as a precursor.

In July of 2015, I filed, according to the demands of the Lebanon City Charter, an official, notarized, certified letter (receipt attached) to your city attorney, Phillip Mark Wright, notifying him the need (according to the charter) to notify the Lebanon City Council an ethics investigation must be convened, due to my complaint. More than 50 months have passed, months that have included letters of inquiry and rebuttal from me to both Attorney Wright, and current Mayor Bernie Ash. 

The matter at hand is the refusal of Attorney Andy Wright and Mayor Ash to comply with the dictates of the city charter, to notify the city council an investigation must be convoked, as per their oath of office, to wit, 

City Charter Article lll, Section 16. Officers to take an oath. Be it further enacted, that the officers of the City, before entering upon their duties, shall take an oath or affirmation before the City Judge that they will support the Constitutions of the United States and of the State of Tennessee and the charter and ordinances of the City, and that they will faithfully discharge the duties of their offices to the best of their ability. [ch. 685, art. III, § 16, pr. acts of 1929; as replaced by Priv. Acts 2016, ch. 52, § 5]; I do hereby assume the responsibility as a citizen of Lebanon to give you notification. 

I am attaching a synopsis of events necessitating my ethics violation complaint against city government, as well as the portion of the city charter demanding compliance by city officials. 

Also attached is a statement by Tennessee Attorney General Slatery warning that an ordinance cannot stand if it is contradictory to state law, i.e., Lebanon City Council’s failure to qualify a ruling under the following State of Tennessee code,

Tennessee Code 13-7-401. 

The purpose of this part is to promote the educational, cultural, and economic welfare of the people of the State of Tennessee by enabling municipalities and counties to preserve and protect historic structures, areas and districts which serve as visible reminders of the history and cultural heritage of the state and the United States. Furthermore, it is the purpose of this part to strengthen the economy of the state and of the adopting governmental entities by stabilizing and improving the property values in historic areas, by encouraging rehabilitation and new construction and development that will be harmonious with the historic structures, areas and districts, and by preserving and rehabilitating buildings which are of significance to historic districts.

As a matter of record, Lebanon Attorney Claude Tracey Parks, a proponent of the historic overlay in question, admitted in an open city council meeting, prior to the final vote to authorize the overlay itself, that Greenlawn Drive had no historic structures at all; see council meeting video archives, November 2014. As a result of the aforementioned statute, and concession by Mr. Parks, the Historic Overlay ordinance on Greenlawn Drive-Lebanon violates my personal property rights, and is illegal.

Therefore, as per the rules of the Lebanon City Charter, I ask that you immediately order an ethics violation investigation be convened, and that I be allowed to present evidence in the matter, with my goal being the quashing of the  Historic Overlay ordinance. As of September 1, 2020, my official complaint is still ignored. 

>>>>My three opponents in the race for mayor have each served on the city council, and one (currently) as mayor, during 2014-2020; each, along with current council members have chosen to ignore my ethics complaint, and the continued violation of my property rights. 

February 2021: Last month, I sent a letter to current Mayor Rick Bell encouraging him to uphold the law, and take steps to remedy this problem. Mayor Bell replied he would speak with City Attorney Wright about this (now) 6 year infraction. 

Mr. Bell hasn't yet informed whether or not he will obey his oath to uphold the law; stay tuned.