Joy Ford comes out winning

The Joy Ford battle with MDHA comes to a happy end. Apparently, some folks started doing some real thinking and a land swap deal was worked out. I've no doubt that an important component in coming to this compromise was the heat that citizens put on MDHA, Lionstone Group and local politicians. Great work, y'all.

I guess it wasn't all that blighted after all, eh?

UPDATE: Just got off the phone with Miss Joy....we did a lot of whoooping and hollaring as we rejoiced in her victory. She's headed to her office for the Noon press conference, exhausted from the battle and thrilled she no longer has a muzzle on her regarding all this. She did say she was going to be part of efforts to modify the eminent domain laws in Tennessee this January. Look out Capital Hill. What an amazing woman.

Here's the IJ Press Release from an hour ago.

INSTITUTE FOR JUSTICE
HOME PAGE: WWW.IJ.ORG

FOR IMMEDIATE RELEASE:
October 1, 2008

CONTACT:
John E. Kramer
(703) 682-9320

Victory for Music Row Entrepreneur Joy Ford
In Nashville Eminent Domain Dispute

Ford Keeps Her Building & Gets More Land,
Conflict Settled through Private Negotiation, Not Government Force

Arlington, Va.—Eminent domain will not be used against Nashville music entrepreneur Joy Ford in a hotly contested battle about the abuse of government for a developer’s private gain. In an agreement signed Tuesday night, September 30, Ford, who has fought eminent domain since June of this year, keeps both her building and obtains more land adjacent to her building along Nashville’s storied Music Row while agreeing to give up land behind her office. Today at noon, Ford will hold a press conference at her office, which is located at 23 Music Circle East in Nashville.

“This agreement is a magnificent victory for Joy Ford and all Tennessee home and small business owners,” said Scott Bullock, senior attorney with the Institute for Justice, which represented Ford and fights eminent domain abuse nationwide. “By challenging eminent domain abuse, Joy Ford obtained a landmark agreement where she keeps her building and gets more and better land next to it.”

Under the agreement, Ford will exchange a portion of her back parking lot measuring 50 feet wide and 73 feet deep for a parcel adjacent to the eastern (right) side of her building measuring 49 feet wide and 105 feet deep. Nashville’s Metropolitan Development and Housing Agency (MDHA) did not participate in the negotiations between Ford and Lionstone.

“This agreement demonstrates what can happen when private parties sit down to work something out without the government,” said Bullock.

The Institute, along with Nashville eminent domain attorney Jim Fisher of Lassiter Tidwell, represented Joy Ford throughout the controversy, including negotiations over the agreement.

In June, the MDHA filed an eminent domain action against Ford to obtain her entire parcel of land so that it could be given to a Houston-based private developer, Lionstone Group, to construct an office building. Under pressure, MDHA in August dropped its eminent domain suit against Ford’s building but demanded that Ford settle by giving up virtually the entire back portion of her long, narrow parcel of property. Ford rejected this demand, but came up with an alternative proposal: she would exchange a portion of the back of her property for more accessible land on the east side of her building owned by Lionstone. After weeks of intense negotiations, Lionstone agreed to the proposal. The agreement is solely a swap of land. No money was exchanged.

“I am elated with this agreement,” said Joy Ford. “This battle was never about money. It was about protecting my rights and keeping my family’s legacy on Music Row. Now I will have a more accessible and better parking area for my clients’ cars, trucks and buses while they are visiting Country International.”

Although Ford achieved victory in her battle, she is not done with her fight against eminent domain abuse, pledging to work with other property owners and Metro and state legislators to stop eminent domain abuse. “I will not rest until eminent domain is stopped being used on behalf of private interests.”
# # #

Compromise?

The lead in the Nashville City Paper this morning just takes the cake.

Despite a compromise proposal which would allow Joy Ford to keep her Music Circle property, the independent country music label owner’s attorneys sent out a press release Wednesday vowing to challenge the Metro Development and Housing Agency’s eminent domain claim on her Music Circle property.

"Despite a compromise" which comes across as if Miss Joy is the one being stubborn and uncooperative by not agreeing to it. Of course, I haven't seen the actual proposal, who actually has, but where is it written that just because an offer is made it has to be responded to, let alone accepted? To paraphrase from a well known TV show: "If she doesn't call, she's just not that into you." Lionstone Group won't accept no for an answer and brought in the Nashville's Metropolitan House and Development Association as enforcers to ensure they get every bit of that corner for their proposed develeopment. I heard Miss Joy testify that her husband hadn't been dead two weeks before the vultures, who had obviously been circling them for some time, swooped in and started annoying and scaring her with persistent offers to purchase property she made clear she wasn't going to sell.

"Keep her property?" Just a part of it. According to published reports MDHA is willing to let Miss Joy keep her building but wants her parking lot. Here's a "compromise" for you...I'll take half your bank account balance and leave you the rest. How's that? No? OK, I'll let you have 65%...that's more than half, seems fair to me. Surely you can continue on with 35% less.

And then there's the 'allow Joy Ford to keep'---there you have it folks, the bottom line. MDHA, may their name be praised, is believed to have the right to 'allow' anyone to keep their property. It's my prayer and hope that tomorrow morning Judge Barbara Haynes will make it very clear the MDHA, Lionstone Group and the rest of the nation that Nashville values property rights. That Nashville doesn't browbeat little old ladies to benefit the community treasury and the bottom line of Houston Developers and that we will honor the heritage of Music Row by allowing Miss Joy to continue to mentor musicians, one of whom may be working on the next big hit today.

A good crowd in Judge Barbara Haynes courtroom, Room 510 of the Metro Courthouse at 9:00 a.m. tomorrow, August 29th, will go a long way toward sending a message to an unaccountable MDHA that citizens are not going to stand for their thieving tactics.

Nashville also needs to take a hard look at this unaccountable MDHA board and let them know that it's time the MDHA Board reigned in their employees.

Here's the MDHA board

J. Chase Cole, Chair
Mr. Cole is a partner with the law firm of Waller Lansden Dortch & Davis and was appointed to the Board in November 1996. Mr. Cole was elected Vice Chair in December 1997 and elected Chair in December 1999.

Term: 12/19/2006 11/05/2011
2700 Nashville City Center
Nashville TN 37219-1760


Leigh Walton, Vice Chair for Housing
Ms. Walton is a senior partner with the law firm of Bass, Berry & Sims and was appointed to the Board in January 2001.

Term: 02/07/2006 11/05/2010
315 Deaderick Street, Ste. 2700
Nashville TN 37238-0002


Roland L. Jones, Vice Chairman for Development
Mr. Jones is a consultant to the hospitality, food and retail industries. He was appointed to the Board in May 2002.

Term: 11/16/2004 11/05/2009
PO Box 150286
Nashville TN 37215-028

Gayle Fleming was just appointed last week as the second public housing representative. I called MDHA's executive office and they didn't have any contact information for Ms. Fleming. This from the Metro Council minutes of August 19, 2008:

Appointment of Ms. Gayle Fleming for a term expiring July 1, 2013. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council with Mr. Gotto “Abstaining.”

Mary J. Southall, Commissioner
Ms. Southall is retired and serves as one of two housing residents on the Board. She was appointed to the Board in June 2000.

Term: 07/03/2007 07/01/2012
106 31st Avenue South, #106
Nashville TN 37212
Representing: Public Housing


Melvin C. Black, Commissioner
Mr. Black served as a teacher and coach in the Metro Nashville public school system for more than 30 years. Following his retirement, he served two terms on the Metro Council, from 1996 to 2003. He was appointed in January 2004.

Term: 01/20/2004 11/05/2008 (Note his term is just about up.)
747 Work Drive
Nashville TN 37207


Ralph Mosley, Commissioner
Mr. Mosley is the retired chairman and chief executive officer of Southwestern/Great American. He was appointed to the Board in November 2007.

Term: 11/20/2007 11/05/2012
3830 Whitland Avenue
Nashville TN 37205

MDHA v Ford hearing on Friday

No word from MDHA on what happened to that compromise they said had been worked out between them and Joy Ford of Country International Records, but this press release from the Institute for Justice reminds folks that there was no compromise and there is an important hearing is THIS Friday in room 510 of the Nashville Metro Courthouse.

This is an important step in this effort to save everyone's property from government takeover. The city's only focused on the increased tax revenue they hope to get from the property

• if Lionstone Group develops the property as promised,
  
• if their business plan is a success and
  
• if Meto hasn't given the farm away via tax incentives.

Citizens should support Joy Ford in her effort to save her property because in saving hers, we save ours from being stolen in a similar fashion some day down the road. Please arrange your schedule so that you can be in that courtroom Friday morning at 9:00. If you're new to this strong arm tactic of the Metro government please read through the old posts on this Eminent Domain issue and see that the city isn't condemning blighted property it's stealing a small business woman's land in order to line the pockets of Metro and developer Lionstone Group.

MEDIA ADVISORY

EVENT:
First Court Hearing in Joy Ford Eminent Domain Case

Nashville Redevelopment Agency Seeks to Deny
Joy Ford Her Day in Court by Asking Judge
To Hand Over Her Property Without Discovery or a Trial

TIME/DATE:
9 a.m./Friday, August 29, 2008

PLACE:
Courtroom of Judge Barbara Haynes,
Room 510, 3rd Circuit Court
Metropolitan Courthouse
1 Public Square
Nashville, Tennessee 37201

CONTACT:
John Kramer, Vice President for Communications, (703) 682-9320

SUMMARY:
On Friday, August 29, at 9 a.m., Joy Ford will appear in court for the first time, along with her lawyers from the Institute for Justice, to fight to save her small country music recording and publishing business from an illegal and unconstitutional eminent domain action.

In June 2008, Nashville’s redevelopment agency, Metropolitan Development and Housing Agency (MDHA), filed a condemnation petition against Country International Records located on storied Music Row. MDHA wants to give the property to a Houston-based private developer to put up a generic office building.

Now, in an audacious and unfounded move, MDHA’s lawyers—who are being paid by the private developer that will benefit from the condemnation—have filed a “motion for judgment on the pleadings,” asking the court to hand over Ford’s property on the basis of the four-page condemnation petition filed by the agency. MDHA seeks to deny Ford any discovery in the case and wants the judge to order possession immediately rather than hold a trial and hear evidence.

“If MDHA gets its way, it will become impossible for any home or small business owner in Tennessee to prevail against an abuse of eminent domain,” said Scott Bullock, a senior attorney at the Institute for Justice, a national non-profit, public interest law firm located in Arlington, Va., that serves as the nation’s leading legal advocate against eminent domain abuse.

Bullock added, “Courts should actually review evidence in eminent domain cases rather than merely rubber-stamping what the agency wants. We are confident MDHA’s motion will fail.” Bullock argued the Kelo v. New London eminent domain case before the U.S. Supreme Court and was co-counsel in the first post-Kelo state supreme court case that ended eminent domain for private gain in Ohio.

# # #

[NOTE: To arrange interviews on this subject, call John Kramer, the Institute for Justice’s vice president for communications, at (703) 682-9320 ext. 205 or in the evening/weekend at (703) 587-1992.]

Eminent Domain motions still set for Friday

We can only assume that the 'compromise' that MDHA had the news media believing was imminent between MDHA and Joy Ford of Country International Records was weeks premature. I heard from Joy Ford this weekend. The hearing regarding her and MDHA (on behalf of Lionstone Group) is still on for Friday.

Miss Joy tells me that Institute for Justice attorney Scott Bullock said supporters should be in place by 9:00 a.m. on THIS Friday August 29th. The hearing is in Judge Barbara Haynes Third Circuit courtroom at the Nashville Metro Courthouse, One Public Square. I'm going to do my best to find one of Miss Joy's signature scarves to wear that morning. I don't think I can pull off the hat as well as she does.

I did notice a couple of weeks ago that the barrier closing the old alley on the right side of Miss Joy's property had been shoved aside far enough to allow vehicle traffic to pass through. Last week I noticed the barrier had been moved and was over by the hotel fence and out of the way entirely. As of yesterday, Lionstone's property is still an eyesore and there has been no obvious effort on their part to clean up and tend to the property they already own.

And speaking of the hotel, Lionstone Group wanted the hotel's land also but the hotel managed to win their court battle and keep Lionstone Group on the other side of the fence. I certainly hope Lionstone loses again.

The squeeze play continues

By news reports yesterday one was lead to believe that the property rights battle between MDHA & Lionstone group against Joy Ford and her Country International Records was over. There was a compromise. Things are going to work out, no more story...move on ladies and gentlemen.

MDHA offers compromise
Music Row compromise offered
The land battle may finally be over
Music Row landowner offered a deal

However, driving out to work a polling station for a candidate last night I heard Phil Valentine's radio program regarding Joy Ford's Country International Records and the news that's all over the media that there's been some sort of compromise. According to Phil who talked with Miss Joy---no compromise has been worked out and she was, as of yesterday, not in receipt of what a widely circulated press release stated she had gotten. Granted the compromise offer by MDHA may have been sent but, as Phil explained it hasn't been received, let alone thoughly examined and agreed to. Frankly, I see this offer to buy what little parking area Miss Joy has as a squeeze play that just further constrains her normal business operation. She may get cash in hand but the question remains about where her clients are supposed to park their buses and trailers. I cannot see Metro allowing them to park on the severely curved street that is Music Circle East.

So you can't believe everything that you read in the papers and a press release is only one side of the story. Things are getting pretty hinky here. This is certainly a situation to watch.

Also, MDHA and Lionstone may want to turn their attention to the situation in Long Branch, NJ where a higher court has just sent back down the legal pipeline another eminent domain case.

The court upheld a number of the city's actions, including its right to delegate its eminent domain authority to the developer but said Long Branch failed to show the condemned homes met the legal definition of blighted.

The unanimous 85-page ruling was viewed by critics of eminent domain as another blow to towns by an increasingly skeptical New Jersey judiciary. Over the past year, the courts have been reining in towns' use of sweeping seizure powers to make way for large-scale redevelopment.(snip)

Thursday's decision said an area cannot be considered blighted solely because it generates a lower amount of property taxes for a municipality and less spending at local businesses than it would if it were redeveloped.

That would set a dangerous precedent, the court said, prompting seizures of property based on a "perceived insufficiency of wealth" and setting up a situation in which properties would be continuously subject to redevelopment.

NJ Star-Ledger

And this is the situation we have here in Nashville. This property is no longer blighted EXCEPT for the condition of the property owned by Lionstone Group which continues to be unattended and bring down the value of the neighborhood. In fact while the Best Western Hotel posts a "Welcome to Music Row" message on their sign the view from the guests' windows, thanks to Lionstone Group, is less than scenic---unless you're into 6 foot weeds, trash, pot-holed parking lots and large puddles filled with green water. Maybe it's supposed to be inspiration for the latest county song. But I'm not buying it.

A man's prerogative?

The Nashville Business Journal is reporting that MDHA and Lionstone Group want to buy just part of Joy Ford's property housing her Country International Records.

The agency and private development company presented Ford with a compromise proposal today that could preserve her classic Music Row music company, Country International Records.

Under their proposal, Country International Records would continue to occupy 23 Music Circle, but a portion of the parking area behind her building would be acquired.

So we go from we want it all, to we don't even need her property, to we want it all and we're going to use the force of the state to get it, and now back to we don't need it all---just this little section that would still greatly impact her business. Make up your mind, gentlemen. I thought it was a woman's prerogative to change her mind. The only person that seems to know what she wants and how to stay the course is Miss Joy.

Apparently the Nashville Post has some info also...but I haven't paid for a subscription so if you have go here.

Bullying the Soul of Music Row

Rounding the corner of Music Circle East a week ago or so it was impossible to miss the large, clean, orange and white construction barricades on the right side of the road. Obviously, MDHA and Lionstone Group have upped the ante in their fight with Country International Records owner Joy Ford. I pulled the car over and started snapping pictures. Every entrance and exit to the property owned by Lionstone Group was blocked by one of these barricades--well except for one which allowed the customers of the Demonbreun business access to parking on Lionstone property. And then there were some who decided that driving over the sidewalk and curb wasn't a problem. Wonder how long that nice brick public sidewalk will last as a result of Lionstone closing the driveway to Music Circle East.

I stopped by Country International Records a couple of days later and asked Miss Joy when all this had happened. She told me it happened sometime in the dark of night after the press conference on July 21st. She told me that she had been in the office until about 11:00 p.m. and was back the next morning about 6:00 a.m. and the barricades were already in place. There had been one on Demonbruen but it was removed after not too long.

It was obvious that Miss Joy no longer had access to the alley along the right side of and behind her property which I knew meant that clients using tour buses, limos or larger trailers wouldn't have access to the back of her property. The only entrance to the back of her property is along the south side. As you can see this is too narrow for any bus to be sure.

In the map here Miss Joy's property is the red and the blue is the alley that she'd been using for years and was now being denied access to. I wondered aloud how Lionstone could get away with that. Miss Joy informed me that they had closed the alley, against her wishes back in 2006 and showed me this video:




What we have there is about 24 minutes of discussion by the Metro Council on May 16, 2006, the third and final reading regarding the closing of the alley (Bill Number 2006-1011 sponsored by Ludye Wallace & Councilman Rip Ryman (Goodlettsville). It's clear from the start that the bill should never have been on the agenda and the Council broke it's own Rule 18 which states:

-18-

No resolution or ordinance approving or authorizing the execution of any contract, lease, agreement or other instrument, or authorizing the closure and/or abandonment of any street, alley or easement, upon being filed, shall be placed upon the agenda by the Metropolitan Clerk unless said documents shall have been executed by all necessary parties including affected property owners for legislation closing and/or abandoning streets or alleys, excepting the signature of the Metropolitan Mayor and the Metropolitan Clerk. Further, said documents need not be executed by state, federal and railroad officials to be placed upon the agenda.

and it was clear that Metro legal didn't care. Metro Legal was represented at that meeting by Karl Dean, now mayor of Nashville. He stated Ford was "clearly affected by... if the alley is closed and she had access before. She's affected by that." (Minute 5:57) But backed his legal office's interpretation that because she had access via Music Circle East this closing could be done.

Councilmen who clearly understood that Miss Joy would be affected included:

Parker Toler (District 31) asks that this bill be re-referred to Public Works to determine if Ford is impacted by this bill. (Minute :35). Toler rises again at Minute 15:30 and moves that the bill be deferred one meeting and re-referred to Public works.

Ronnie Greer brings up Rule 18 and makes clear Ford hasn't consented and asks several times, in different ways, how it's on the agenda and how the Council can proceed knowing it shouldn't have been. (Minute 2:55)

Carolyn Baldwin Tucker clearly understands that Ford's music industry business means her clients have buses that won't have access to the back of her property anymore and that this is a battle between the rights of one private citizen against the rights of another private citizen. (Minute 10:10)

Sam Coleman (District 32) asks the sponsor (Ryman & Wallace) to defer this bill one meting out of an 'abundance of caution to the party that is affected'.

Former Council legal advisor Don Jones took the blame for the bill getting on the agenda at First Reading without Miss Joy's consent to the closing but now that it was on the agenda it couldn't be removed he asserts. (Minute 13:15)

Here's the vote that night.

So the alley Miss Joy was using for years, still needs for her clients and Lionstone didn't mind her using for some two years is now closed for her use. Nothing has changed except Miss Joy is fighting the condemnation of her property by responding to MDHA's legal maneuvers. Lionstone doesn't need it currently. Doesn't mind the Demonbreun customers using it. One can only assume they're further trying to intimidate Miss Joy by boxing her in and inhibiting her normal business.

In the meantime people continue to rally around Miss Joy in recognition of the fact that property rights are in danger. For some great shots of the inside of Country International Records and details of this battle you might want to pick up a copy of Nashville Music Guide dated August/September 2008. They've got a lot of the details starting on page 40 along with a supportive editorial which encourages Mayor Karl Dean to step up get MDHA to drop this issue by writing in part: "It's our taxpayer dollars that are being committed to this legal battle, and Karl Dean as mayor has the responsibility to see that our dollars are not squandered on a frivolous legal action."

The Tennessean has a gallery of photos also.

Their columnist Gail Kerr has written "The developer... cannot build around her. More likely, the developer can't make as much money building around her."

The Tennessean editorial says: "In the meantime, MDHA and the developer should drop this maneuver. We encourage them to find other alternatives. Although the project could add to the resurgent Nashville landscape, Ford's right to stay should be respected, and the individuality she represents is good for the soul of Music Row."

No doesn't mean no?

Blue Collar Muse has the video of Monday's Country International Records press conference featuring Scott Bullock of the Institute for Justice explaining where the case stands now.

While I called the repeated harassers of Joy Ford "real estate vultures circling overhead waiting for the opportunity to pick up her property" Ken calls it something much worse:

When governmental chocolate and flowers didn’t work, Joy’s bureaucratic suitor decided to get a little rough. If he had been an actual man, we’d call his behavior ‘rape’ and prosecute him.

He's got a point. They won't let her no mean no. This is not about legitimate public need. This is about men who will not let a woman deny them what they have decided they have a right to have.

Maybe it's time to let the MDHA Board of Commissioners know that No means No.


J. Chase Cole, Chair
Mr. Cole is a partner with the law firm of Waller Lansden Dortch & Davis and was appointed to the Board in November 1996. Mr. Cole was elected Vice Chair in December 1997 and elected Chair in December 1999.

Leigh Walton, Vice Chair for Housing
Ms. Walton is a senior partner with the law firm of Bass, Berry & Sims and was appointed to the Board in January 2001.

Roland L. Jones, Vice Chairman for Development
Mr. Jones is a consultant to the hospitality, food and retail industries. He was appointed to the Board in May 2002.

Leslie Watkins, Commissioner
Ms. Watkins is one of two housing residents serving on the MDHA Board. She was appointed to the Board in August 1998. Ms. Watkins is presently employed by Juvenile Court.

Mary J. Southall, Commissioner
Ms. Southall is retired and serves as one of two housing residents on the Board. She was appointed to the Board in June 2000.

Melvin C. Black, Commissioner
Mr. Black served as a teacher and coach in the Metro Nashville public school system for more than 30 years. Following his retirement, he served two terms on the Metro Council, from 1996 to 2003. He was appointed in January 2004.

Ralph Mosley, Commissioner
Mr. Mosley is the retired chairman and chief executive officer of Southwestern/Great American. He was appointed to the Board in November 2007.

Friends Fortify Ford

It was an honor and a privilege to attend the press conference yesterday at Country International Records and stand with so many of Joy Ford's friends as she moves into the next phase of protecting her property rights and ours. It was obvious that she was a bit overwhelmed by the the number of friends and strangers who came to encourage and fortify her for further battle.

Yesterday I had the privilege of meeting Miss Joy and exchanging hugs and thanks. She thanked me for blog posts which were encouraging. I thanked her for standing strong and taking on this battle.

Miss Joy's plight strikes a chord in me that is some 30 years old. Many years ago I would walk the mile and a half to my junior high school each day. A significant part of that walk was across a viaduct over a very large railroad yard that served to move grain and iron ore from the upper midwest to the rest of the nation. That viaduct wasn't built for the heavy traffic that eventually began to use it. It was a bit disconcerting to have my cadance thrown off because the walkway had moved with the weight of the heavy truck passing by (I wasn't watching traffic, I was reading). No one disagreed that the bridge needed to be replaced. Unfortunately, the home of a widow woman of advanced age, who was well liked in the neighborhood and kept chickens would have to go. It seemed a pity that she couldn't spend her last few years in the home she had shared with her husband and in which she had raised her children, but it was clear, a new bridge was necessary. The rail yard completely separated our neighborhood from the city and emergency services. No one liked taking her home but we knew we had to have a new bridge.

After being discharged from the Army I returned to my hometown to find a glorious new bridge spanning the tracks. However, it was upsetting to discover that the widow's home wasn't really needed and the state had sold the property to a man who replaced that home with a tavern. Taking her home for the bridge was one thing---but for a tavern---well, that was just too much. It was at the public hearing about a zoning variance that I spoke for the first time before a political body. I can't help but think of my elderly hometown neighbor when I see Miss Joy's property being snatched by the city.

Conversation with Miss Joy's friends yesterday revealed that pretty much since her husband died in 1999 she's had real estate vultures circling overhead waiting for the opportunity to pick up her property. She told us that it got so bad she stopped answering the phone or door and even worked at night--which is probably why Lionstone Group was asserting she was never there--as if being there or not gave her more or less property rights. I was listening to Phil Valentine's radio program yesterday afternoon and he stated that after the press conference a survey crew was on the property (Phil's studio is just across the street). Miss Joy explained that they have done that before and the Institute for Justice folks told her it was a common intimidation tactic. That explained the marker I found just outside her fence back a couple of weeks ago on July 7.

If only Lionstone Group sent a landscaping crew over as often as surveyors and real estate agents. Pictures from yesterday clearly show that despite being in clear violation of Metro codes Lionstone Group has yet to clean up their property. It's haying time, gentlemen.

The press conference was to announce that the Institute for Justice had filed an answer to the city's condemnation of 23 Music Circle East and further had filed interrogatories of their own for MDHA and Lionstone Group to answer. You can read the IJ press release here and everyone should take the time to read their background document here. Highlights from that backgrounder:

• MDHA has declared the area surrounding Miss Joy's property as blighted---but not her property. In fact the survey done way back when 'consists of vague, confusing and arbitrarily assigned categorical distinctions and an unclear methodology'. Not one of the properties surveyed at that time met the necessary designation of 'extreme deterioration and decay due to lack of repairs and care of the area'.
  
• MDHA's blight designation is based on a 1999 information and the state legislature made some significant changes in 2006 to Tennessee's eminent domain law after the astonishing US Supreme Court's Kelo decision. MDHA hasn't caught up with the current law. I guess they were hoping no one would notice.
  
• Lionstone Group has previously stated they don't actually need Miss Joy's property.
  
• MDHA has the burden of proof here. The Tennessee law says blighted areas are 'detrimental to the safety, health, morals, welfare of the community'. It's going to be impossible to prove that Miss Joy's property meets any of those requirements---though Lionstone Group's property is getting closer to being detrimental to the safety and health of the area every day.

One of my children just returned from Mexico where they rebuilt an old woman's gate and walkway. They were told that because she didn't have any family in the area and was a widow she was often abused and taken advantage of by others in the town. She was thrilled with the improvements to her yard but much more thrilled to have her neighbors see that she was no longer alone and that she had strong friends that would help protect her. Miss Joy has strong friends also. Pictured here are essential members of her team from left to right: James W. Fisher, a Nashville attorney with the firm Lassiter Tidwell Davis Keller & Hogan, Joy Ford, Carroll Ford, and Scott Bullock, Senior Attorney, Institute for Justice.


Other coverage of yesterday's press conference:

An Ol' Broad's Ramblings Here's Kate standing next to Phil Valentine. She doesn't look like an Ol' Broad at all to me. She's got photos and her own observations on her site.

Blue Collar Muse: "Reviewing my server logs showed that Nashville PR firm, McNeely, Pigott & Fox, stopped by. This is significant as their homepage lists both the Lionstone Group and MDHA as clients they are proud to work with. The people of Nashville may want to make note of that. McNeely, Pigott & Fox are proud to represent the bad guys in the fight to force Joy Ford from her property. (snip) [Earl Swennsen Associates] is also one of the few publicly identified anchor tenants of Lionstone’s development which will oust Miss Joy. Surprise of surprises, they are designing the complex as well!

Nashville City Paper: It's Music CIRCLE East, guys. Not Music CENTER. They got the headline right and the copy wrong. The City Paper reports that local CM Michael Craddock has some legislation ready if things don't go Miss Joy's (our) way.

Tennessean: "Ford's building and Lionstone's land are separated by an alley, which Lionstone has asked the city to close to give construction equipment room to maneuver on the building site, Warren said. Ford has sued to stop that plan, saying she needs the alley to reach the rear of her property."

Give me a break. This would leave only a narrow side entrance that obviously won't accommodate a bus or trailer both of which are so much a part of ordinary business for Miss Joy and her clients. This shouldn't be allowed either. Lionstone Group's got nearly three acres and they need the little bit of right away that Miss Joy has? If Lionstone Group can't find a crew that can maneuver around three acres without closing the alley they're not the expert developers they think they are.

Starstruck I'm not

I'm so not impressed with Mr. Narvel Blackstock's editorial in this morning's Tennessean newspaper. In fact I had to laugh at his calling Miss Joy Ford of Country International Records an 'out-of-county resident' in his desperate effort to garner support for condemning her legally owned property as if we'd forget that developer Lionstone is a Houston, Texas business. A quick search of the Nashville tax rolls fails to bring up any property Blackstock, his Starstruck Entertainment or his wife Reba McEntire own in Davidson County. Last I heard they lived in Gallatin, Los Angeles and Oklahoma. They did own some Davidson County property though:

Lionstone's plans for the three-acre site they acquired from Reba McEntire in March 2006 include development of a 125-room hotel with an adjacent 100-unit luxury high-rise residential condominium tower. [via AllBusiness]

I'll grant that in 1999 that strip of Demonbreun was a mess and needed major improvement. Blackstock and his partners have done yeoman's work in improving it. But that was then, this is now. The only blight on this corner is Lionstone's failure to keep their property neat. A neat but empty lot does not equal blight.

Blackstock writes:

The owner refuses to sell her seldom-used building or even to meet with the developer to discuss alternatives. She says she is holding it because it was used to produce music.

"...it was used to produce music." So was Studio B just down the street on 17th Avenue. That excuse was good enough for the Country Music Hall of Fame.

Personally, I don't care why she's holding out. It's her property. The taxes are paid and her business isn't a public nuisance. It's a private nuisance to people who had big plans to renew the entire area but are now realizing that having been very successful in that effort thus far find that their 'blight' is gone and cannot/should not be used as sufficient reason to steal Miss Joy's property. They are victims of their own success, so to speak. So, now, they need to redraw their plans and decide just what they can do with what's available to them. There is enough land without Miss Joy's to still make a tidy profit.

My biggest concern, and it should be the concern of Blackstock as well, is that with their reasoning the city can steal anyone's property and we've no recourse. What if Gallatin or LA decided that the Blackstock homes were more valuable to the tax roles as tourist meccas and condemned them? Blackstock implores us, for the love of Music Row, to stand with him against Miss Joy. No. I'll stand on the side of property rights especially now that I understand that if Music Row won't stand with Miss Joy, one of their own---they're sure not going to be there when they come for my house.

BTW: This issue has caught the attention of CastleWatch which tracks eminent domain abuse.

LionStone Blight

I took a walk around the property between Demonbreun and Music Circle East this morning. It's here that Miss Joy Ford's County International Records is located. That's the property that MDHA wants to take from her and give to LionStone developers so they can build a big tax revenue generator for the city. If they succeed this is where we'll add shame to the city and 15 years down the road we'll regret allowing this robbery from the widow and handout to the corporation.

MDHA's authority to steal this property from Miss Joy comes by declaring the area 'blighted'. However, what I saw with my own eyes was Miss Joy's small neatly kept business. She's got flowering plants out front. The property is fenced, no doubt since over the years she's been there this area hasn't always been nice. The fence is in good repair, unlike the motel's next door which is majorily out of plumb. Her trash can is secured to the fence and it's obvious this property is regularly maintained.

However, the rest of the area. The part LionStone already has control of, if I understand things correctly, is in shameful condition and if the word 'blighter' can only be applied to one or the other---it's LionStone that should hands down get the label.

On my walk around I saw two sections to this very large LionStone lot. Half was asphalt in sore need of attention with cracks and potholes and the rest bare ground with a solid weedy border encircling it. There were several large mosquito attracting puddles, plenty of trash (including some kind of two foot cylindrical filter amongst the Styrofoam clamshells and drink cups and a plywood box stuffed with trash), overgrown or dead hedges left over from the Shoney's restaurant, tall grass, thistles in full bloom, stick-tights and other vegetative opportunists. The overgrowth was so bad along one part of the sidewalk I was forced to walk in the street. The contrast between this LionStone property and the landscaping and thriving businesses along side on Demonbreun was stark. If anyone is bringing down the property values and beer buzz in those establishments--it's LionStone.

Here's a photo of one of three puddles after several days of dry weather.













Lots of weeds, nearly all with a variety of litter caught within.













These are dead hedges about 4 feet tall.







Along Music Circle South Division it's thick with weeds.













This is some sort of trash box on the LionStone property.

In the shadow of the trees left behind after the Shoney's Restaurant was demolished there was a man doing a steady business out of his trunk and on his cell phone. I didn't dare point my camera in his direction. Further down, there were a couple of private ambulance employees in their cab who seemed startled to see me walk by with a camera and shortly moved on. (Apparently, Channel 5's Phil Williams and his exposes on extra long employee breaks came to their minds.)

If this were my neighborhood, I'd have called codes on LionStone long ago and demanded a prompt mowing, trash removal and filling in of the puddles and potholes that could be mosquito breeding grounds. I'd also have checked with the local police department to ensure a trespass waiver was on file and the property posted to ensure that the fellow doing a steady business from the trunk of his car was encouraged to move on.

It's landlords like LionStone that make neighborhood's blighted, not Miss Joy. It's just wrong that the property owner being a responsible neighbor is the one being forced out.

If you haven't written your councilman and the mayor yet. Please take a few minutes to do so. YOUR property is at stake if we allow the city to take property merely because it will generate more tax revenue.


For further reading checking out Blue Collar Muse's "Will the Circle Be Unbroken" Part I and Part II.

Bogus Blight

Joy Ford is fighting a battle that's important to us all and we need to do what we can to voice our objections to city leaders.

Miss Joy has got a bit of property on the backside of Demonbreun. Here's a Google picture of it. She's probably got the only real tree in the entire area. It's a utilitarian building and the property is much neater and well maintained than her neighbors'. Within that nondescript one level brick building is a small music business that she had her husband ran for years. He's passed on now and Miss Joy is carrying on and facing the Lions(tone) alone. These out-of town-developers want it and the city is helping them get it over her vehement objections.

The city is trying to use the old 'it's blighted and needs to be redeveloped' argument. Baring health and safety issues the city shouldn't be in the business of butting their noses into the property rights of citizens--especially on behalf of a money making entity. The blighted excuse is just bogus. This area is no where near blighted and the city should be ashamed of picking on Miss Joy to line the pockets of a developer that will never have the ties to that neighborhood or this city like Miss Joy and her Country International Records.

Does any of this look 'blighted' to you? Can you even FIND Miss Joy's property in these pictures? If Lionstone lacks the vision to make money with the property they have available perhaps they're not the entity that can make the best use of the property at all.

A couple of times a week I go down that section of Demonbreun and Music Circle East. From my regular trips through this area over the years I've seen it go from a fairly thriving tourist hang out where the Shoney's did a regular business and then Barbara Mandrell's gift shop did too, to a horrible eyesore where properties weren't cared for and were an embarrassment to the Music Row neighborhood.


In the last several years though lots of revitalization has occurred. The Shoney's motel was bought, renovated and seems to be fairly busy. The Shoney's restaurant has been replaced by a parking lot that services that essential need of the many business across Demonbreun. When driving through there I'm regularly having to dodge pedestrians, delivery trucks and local radio remote trucks coming and going. At times the number of delivery trucks makes that section a one lane road such is the amount of product that passes through those businesses. There's a new condominium complex going up there and that has added to the activity in the area. A new office condominium has gone up. This area is the most thriving and successful blighted area I've ever seen in my life. Miss Joy's property did not hold back any of that development.

All this puts me in mind of a small men's clothing store in downtown Nashville called Petway-Reaves. Back before the turn of the century Big Bank wanted to put up a high rise office tower but this stubborn little business, displaying the sort of fortitude that allowed it to stay in business for decades, and decades refused to sell. As I remember, it wasn't until the bank relented and created a building plan that wrapped around the clothing store that the issue was finally settled and the property owner sold. I can't find any archives about the battle and I don't recall exactly how willing the sale was.

Lionstone property needs to move on and realize that her little bit of property isn't theirs to have. The city needs to quit being the gun at the head of Miss Joy. Citizens need to realize that if we don't stand with Miss Joy 'our property rights' won't be worth the paper the deed is printed on.



"Metro Acts to Seize Music Row Property" Tennessean, Saturday, June 21, 2008.