A hearing is scheduled for 9 a.m. on Friday in Lebanon before Judge Clara Byrd in the case of Michael Schwab (et al.) vs. Shelvy Linville, Macon County Mayor (et al.).

The suit was filed last Thursday, Jan. 14, in Macon County Circuit Court by petitioner Michael Schwab.

Linville was served with a civil summons by Sheriff Mark Gammons on the same day the suit was filed, records show.

As noted in the suit, Schwab is a citizen of Lafayette as well as a principal and reporter for My Macon TV, a division of TAN, LLC, a Louisiana-based corporation with offices located in Lafayette.

The petition seeks “that the court issue an order requiring the respondent to immediately appear and show cause, if any they may have, why this petition should not be granted.”

The petition seeks “that the court direct the Respondent to allow the Petitioners full and complete access to all requested items including but not limited to, the information packets given to County Commissioners prior to each meeting, the Macon County Budget for 2008-2009” as well as “Mayor Linville’s Expense Reports.”

Furthermore, it seeks “that the court order the Mayor to make available to the public all future packets and documentation given to County Commissioners” as required by state law.

Furthermore, it seeks “that the court award Petitioner’s reasonable fees and cost in accordance” with state law “if the actions of Respondent in failing to disclose the public records were willful” and that the Petitioner’s “be awarded such other and future relief as to which they may be entitled.”

The petition states that “clearly the refusal of the Respondents to comply with state law is a violation of those very same state laws. The Respondents have played a game of ‘cat & mouse’ and thumbed their nose up at the law and acted in a way as if to say that the laws of Tennessee do not apply to them.”

It also states that “Respondents have knowingly refused to provide Petitioners with requested information to force Petitioners to file this action at a great financial hardship as a way to punish Petitioners for requesting information."

Furthermore, it states that “Petitioners believe that the Respondents have abused their authority as County Representatives in order to harm Petitioners and to further the County Mayors vendetta against the media, Michael Schwab and My Macon TV.”