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Judge dismisses suit against county mayor
by Times staff
7 months ago | 1123 views | 3 3 comments | 27 27 recommendations | email to a friend | print
LEBANON – Judge Clara Byrd dismissed from court Friday afternoon the case of Michael Schwab (et al) vs. Shelvy Linville, Macon County Mayor (et al).

The case was filed in the Circuit Court of Macon County but was heard in a special hearing held in Wilson County.

The case brought by Schwab and My Macon TV, a division of Louisiana-based Tackling All Needs, LLC, according to the suit. The suit was against the county mayor for a possible violation of the Tennessee public records act.

The case was dismissed on procedural grounds for the following three reasons:

One, the Louisiana-based corporation is not a citizen of the state of Tennessee and therefore cannot bring a lawsuit under the Tennessee public records act.

Two, the Louisiana-based corporation was not represented by a licensed Tennessee attorney and therefore their claims could not be heard.

Third, Schwab’s individual claims failed to comply with Tennessee Rule of Civil Procedure 12.02 (6) due to Schwab’s failure to state a claim upon which relief could be granted.

Tackling All Needs, LLC, is an active business based out of Mandeville, La., according to a corporations search through the website of the Louisiana secretary of state.

The registration date for TAN, LLC is listed as Aug. 28, 2006. The listed domicile address is 634 Village Lane N. in Mandeville, La. The listed mailing address is the same, care of Michael T. Schwab, who is the only registered agent and/or officer listed.

According to the secretary of state’s website, the “annual report status” for TAN, LLC is “not in good standing for failure to file annual report.”

Last weekend, after the hearing before Judge Byrd, Schwab’s website announced “breaking news,” stating that Ideal Management Group, Inc., had “completed it’s acquisition of My Macon TV.”

IDEAL is a Tennessee-based corporation, according to a search of the website of the Tennessee Secretary of State.

According to the state website, IDEAL was formed in Macon County with an initial filing date of Dec. 31, 2008. The address of the principal office is listed as 220 Public Square in Lafayette. The corporation’s only listed agent is Sally Tausend.

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comments (3)
« IssacBackus wrote on Tuesday, Jan 26 at 09:40 PM »
I learned a long time ago that the only way to teach an "out of control" government a lesson is to hit them in the wallet. Macon County voted in a liability when they elected their sitting mayor. The county's next loss control meeting ought to consider the money that it is going to cost Macon County in litigation because of insolent attitudes and hap-hazard leadership, notwithstanding the blatant disregard for law coming from the mayor's office. Holliman will finally have to work for a living.
« DeeDee Yates wrote on Monday, Jan 25 at 12:08 PM »
To the individual that wrote the previous comment I would like to say that unless you attended the hearing on the 22nd in Wilson County, you don't really have a clue to what actually happened. I was there along with 10 other Macon County Citizens, some of them belonging to Citizens For Smart Choices, some of them just residents of Macon County who along with the rest of us wanted to see Mr. Linville held accountable for not allowing individuals access to public records which is the law. Unfortunately, the judge decided to dismiss the case without it ever being heard. This is not a win for Linville or Holliman, who sat there grinning from ear to ear. Mr. Schwab admitted that he made a mistake and is man enough to take full responsibility for the case being dismissed. Mr. Linville could take a lesson from Mr. Schwab when it comes to being a man by owning up to his mistakes or oversights something we have not seen this Mayor do during his term. This was not a "stupid lawsuit," only someone who was not at the courthouse during the hearing would make such a comment. To the person who called Mr. Schwab a fool, as I see it, the only fools I know are those who allow themselves to be fooled into believing that Mr. Linville walks on water and that Macon County doesn't have a serious problem with corruption in our local government. I commend Mr. Schwab for having the backbone to stand up for his rights as a citizen of Macon County and do the right thing. No one actually won that day if you are looking for a win/lose outcome. However, if you really want to know what happened in court I will be happy to tell you. Mr. Linville was given the opportunity to see that people are not going to just sit back any longer and do nothing when it comes to the way he does business as Mayor.

DeeDee
« jimmyvandy wrote on Sunday, Jan 24 at 08:26 PM »
I can't believe the Mr. Mymacon non-TV is claiming victory when the judge told him she didn't even know what he wanted. If I was the county, I would send him a bill for my lawyer fees. He said the county would pay. He meant for a stupid lawsuit that they would have to send their guys to Wilson County. He did admit he had a fool for a client and continues to prove it. How interesting does he think the blog is when its all about him. He should get on Facebook, its cheaper.
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