IN THE CHANCERY COURT FOR WASHINGTON COUNTY

JONESBOROUGH, TENNESSEE

John Wood :

Plaintiff :
Civil Action No.__________________
v. :

City of Johnson City :

Defendant :

COMPLAINT AND REQUEST FOR INJUNCTIVE RELIEF

The following causes of action relate to Johnson City Ordinance No 4723-19 (the
“Ordinance”) and House Bill 524 which may be found in the Tennessee Code Public Ch.
No. 498 (the “Bill”).

FIRST CAUSE

Violation of The Johnson City Municipal Code Ordinance Adoption Procedures

Prescribed by the City Charter

Summary: A violation of Ordinance adoption rules caused by an incomplete first reading.

FACTS

1. Johnson City Ordinance No 4723-19 (the “Ordinance”) is an ordinance for

designating boundaries of the Regional Retail and Tourism Development District.
a. The Ordinance allows the designated district to be eligible for certain
economic incentives provided under House Bill 524 which may be found in
the Tennessee Code Public Ch. No. 498 (the “Bill”) provided as Exhibit A.
b. Importantly under the Bill a municipality “shall not contain more than one
(1) such district”
2. House Bill 524 which may be found in the Tennessee Code Public Ch. No. 498 (the
“Bill”) provides in part:

1
 Section 5 (a)(1) A municipal legislative body must adopt an ordinance
designating the boundaries of the regional retail tourism district. A
municipality shall not contain more than one (1) such district.
3. Dec. 19, 2019 - the first public reading of Ordinance was performed missing a
recital page, see Johnson City Ordinance No. 4723-19 first public reading provided
as Exhibit B
4. Jan. 2, 2020 - The Ordinance was moved to a second public reading including its
recital page, see Johnson City Ordinance No. 4723-19 second public reading
provided as Exhibit C
5. The “Missing” recital provided as Exhibit D including the clause (emphasis
added):
WHEREAS, all parcels in the District, thereof for which the boundary of the
District touches or crosses, shall include the full part and parcel, including
those parcels which are not entirely within the boundaries of the District.
6. Jan. 16, 2020 - The Ordinance is on the Johnson City Commission Agenda for a
third and final public (Agenda provided as Exhibit E) reading after which the
Ordinance will take effect as ordained by Section IV. of The Ordinance reading:
Section IV. BE IT FURTHER ORDAINED that this ordinance shall take
effect upon third and final reading of the Board of Commissioners of the
City of Johnson City, as required by law, the public welfare requiring it.

VIOLATION

1. The Johnson City Municipal Code Ordinance Adoption Procedures Prescribed by

the City Charter (Exhibit F) requires in part that an ordinance:
a. Be considered three times on different days
b. In a time period of a week or more
c. Or the ordinance is null and void
2. Above outlined portion of The Johnson City Municipal Code Ordinance Adoption
Procedures Prescribed by the City Charter reproduced below:
“That every ordinance shall be considered on three (3) different days in
open session before its adoption, and not less than one (1) week shall elapse
between the first and third considerations, and any ordinance not so
considered shall be null and void.”
3. The above referenced portion of the City Charter was adopted to provide the
public and citizens of Johnson City three readings and a time period to be allowed
to take action on an ordinance.
4. Here the public was not given a first reading of the Ordinance thus not
“considered” and “null and void.”

2
I request an enjoinder to stop this defective ordinance from proceeding and stay the
Ordinance from taking effect (“this ordinance shall take effect upon third and final
reading” according to the Ordinance) by deferring its scheduled third reading for 6pm
today Jan. 16, 2020 as this Ordinance will be null and void due to its defects and violations
of The Johnson City Municipal Code Ordinance Adoption Procedures Prescribed by the
City Charter and there is a distinct chance of imminent irreparable harm that Johnson
City will lose the possibility to designate a district under HB 524 (“the city shall not
contain more than one (1) such district” according to the HB 524).

Noted Potential Damage the Ordinance taking effect according to third reading:
1. Generally:
a. Invalidated ordinance
b. Eroding of public trust
2. Specifically to The Ordinance
a. Johnson City will lose the possibility to designate a district (“the city shall
not contain more than one (1) such district” according to the Bill)
b. Harm to citizens of Johnson City deprived of the benefits conferred by this
economic incentive zone designation

Noted Downside of Enjoinder

1. Delay in Ordinance taking effect

SECOND CAUSE

Violation of The Johnson City Municipal Code Ordinance Adoption Procedures

Prescribed by the City Charter

Summary: A violation of Ordinance adoption rules caused by an altered ordinance

scheduled for a third reading 6pm Jan. 16, 2020.

FACTS

1. Johnson City Ordinance No 4723-19 (the “Ordinance”, same as outlined above in

the First Cause) had a second public reading on Jan. 2, 2020 (second public reading
provided as Exhibit C).

3
2. The Ordinance is on the Johnson City Commission Agenda for a third and final
public reading, provided as Exhibit E, after which the Ordinance will take effect
as ordained by Section IV. of The Ordinance reading:
Section IV. BE IT FURTHER ORDAINED that this ordinance shall take
effect upon third and final reading of the Board of Commissioners of the
City of Johnson City, as required by law, the public welfare requiring it.
3. The Ordinance scheduled for the third and final reading is different from the
Ordinance of the second reading. Noted differences include at least that the
Ordinance on the Johnson City Commission Agenda for a third and final public
reading include recitals not found in the Ordinance of the second reading, added
recitals include adding land to/changing the district:
WHEREAS the Commissioners seek to include within the District three (3)
parcels contiguous to the District, totaling 5.86 acres, and located south of
Boones Creek road along Quality Circle.
4. Noted differences between the second and third reading include at least that the
Ordinance on the Johnson City Commission Agenda for a third and final public
reading changes recitals not found in the Ordinance of the second reading,
changed recitals including changing the voting rules (City Ordinance requires a
simple majority see point 6):

From the Second Reading:

SECTION IV. BE IT FURTHER ORDAINED that this ordinance shall take
effect upon third and final reading of the Board of Commissioners of the
City of Johnson City, as required by law, the public welfare requiring it.

From the Third Reading:

SECTION IV. BE IT FURTHER ORDAINED that this ordinance shall take

effect upon third and final reading and adoption by at least two-thirds (2/3)
vote of the Board of Commissioners of the City of Johnson City, as required
by law, the public welfare requiring it.
5. Relating to voting, The Johnson City Municipal Code Ordinance Adoption
Procedures Prescribed by the City Charter state in part:
That in all cases under the preceding section, the vote shall be determined
by yeas and nay; the names of the members voting for or against an
ordinance shall be entered upon the journal.
6. The Johnson City Municipal Code Ordinance Adoption Procedures Prescribed by
the City Charter state in part that no ordinance shall be amended except by new
ordinance,

4
 7. With respect to changing the voting recital we have potential violations with at
least changing an ordinance from second to third reading as well as City
Ordinance rules regarding voting.
VIOLATION

5. The Johnson City Municipal Code Ordinance Adoption Procedures Prescribed by

the City Charter (Exhibit E) requires in part that an ordinance:
a. Be considered three times on different days
b. In a time period of a week or more
c. Or the ordinance is null and void
6. Above outlined portion of The Johnson City Municipal Code Ordinance Adoption
Procedures Prescribed by the City Charter reproduced below:
“That every ordinance shall be considered on three (3) different days in
open session before its adoption, and not less than one (1) week shall elapse
between the first and third considerations, and any ordinance not so
considered shall be null and void.”
7. The above referenced portion of the City Charter was adopted to provide the
public and citizens of Johnson City three readings and a time period to be allowed
to take action on an ordinance.
8. Here the altered map of the third reading of the Ordinance would render the
Ordinance and “null and void.”

I request an enjoinder to stop this defective ordinance from proceeding and stay the
Ordinance from taking effect (“this ordinance shall take effect upon third and final
reading” according to the Ordinance) by deferring its scheduled third reading for 6pm
today Jan. 16, 2020 as this Ordinance will be null and void due to its defects and violations
of The Johnson City Municipal Code Ordinance Adoption Procedures Prescribed by the
City Charter and there is a distinct chance of imminent irreparable harm that Johnson
City will lose the possibility to designate a district under HB 524 (“the city shall not
contain more than one (1) such district” according to the HB 524).

Noted Potential Damage the Ordinance taking effect according to third reading:
1. Generally:
a. Invalidated ordinance
b. Eroding of public trust
2. Specifically to The Ordinance
c. Johnson City will lose the possibility to designate a district (“the city shall
not contain more than one (1) such district” according to the Bill)

5
 d. Harm to citizens of Johnson City deprived of the benefits conferred by this
economic incentive zone designation

Noted Downside of Enjoinder

1. Delay in Ordinance taking effect

THIRD CAUSE

And while the grounds above will lead to an invalidated ordinance, there are other
challenges to this Ordinance.

For example, much of the “missing” recital of the Ordinance mentioned in the First Cause
is directed towards the geographic parameters and title information of the Bill. For
example, from the “missing” recital (“missing” recital provided as Exhibit D):
WHEREAS, House Bill 0524 and Senate Bill 1434 amended Tennessee Code
Annotated, Title 7, by adding Sections 2 through 12 as a new chapter and enacted Chapter
No. 498 knows as the Regional Retail Tourism Development District Act (the “Act);
…..
WHEREAS, the Commissioners find: (a) that some boundary of the district is no
more than one-half (½) mile from an existing federally designated interstate exit; (b) that
the boundary of the district is no more than (20) miles from the state borders of Virginia
and North Carolina as measured by a straight line; and that that the district is no larger
than a total area of nine hundred fifty (950) acres.

There is ongoing confusion about the applicability of the geographic parameters of the
Bill. This is compounded by the fact that the “missing” recital was not provided in the
first reading of the ordinance on Dec. 19, 2019 during which at the 24:10 minute mark of
the meeting Johnson City Manager Peter Peterson stated:
“The district must be within one half mile of a federally designated interstate
interchange, the area district cannot exceed 950 acres, it must lie in a location no
more than twenty miles from two state lines as measured in a straight line, the
Boones Creek Exit or Exit 17 on I-26 is the only location that meets all of those
criteria.”

6
Videos of Johnson City Commissioner meetings may be found online at
https://www.johnsoncitytn.org/government/city_commission/government/agendas
_and_minutes.php

And recently on Jan. 14 the Johnson City Press reports (report provided as Exhibit G):
“According to Wise, city staff believe there are about four exits in Johnson City
that could meet the state border requirements in the legislation.”

A clear discrepancy here among commissioners and the city manager in combination
with the up until now known record of confusing statements from Johnson City in
combination with the “missing” recital may render the designation of this district invalid
and thus prevent Johnson City from the benefits of the Bill. New information is coming
out regularly as citizens and lawyers start to take a closer look at this Ordinance and there
is no reason to think this pattern will not continue.

WHEREFORE, Plaintiff prays:

Again I request an enjoinder to stop this defective ordinance from proceeding and
stay the Ordinance from taking effect by deferring its scheduled third reading for 6pm
today Jan. 16, 2020 as this Ordinance will be null and void due to its defects and violations
of The Johnson City Municipal Code Ordinance Adoption Procedures Prescribed by the
City Charter and there is a distinct chance of imminent irreparable harm that Johnson
City will lose the possibility to designate a district under HB 524 (“the city shall not
contain more than one (1) such district” according to the HB 524).

Noted Potential Damage the Ordinance taking effect according to third reading:
1. Generally:
a. Invalidated ordinance
b. Eroding of public trust
2. Specifically to The Ordinance
e. Johnson City will lose the possibility to designate a district (“the city shall
not contain more than one (1) such district” according to the Bill)
f. Harm to citizens of Johnson City deprived of the benefits conferred by this
economic incentive zone designation

Noted Downside of Enjoinder

3. Delay in Ordinance taking effect

7
Respectfully submitted,

_______________________
John Wood
TN Bar 037172
Resident of Johnson City TN
404 South Road Street
Johnson City, TN 37601

Verification

State of Tennessee
County of Washington

Before me, the undersigned authority, on this day personally appeared John
Wood, known to me to be the person whose name is subscribed below, who, after being
duly sworn, stated under oath that he has read the above and foregoing Original
Complaint and Request for Injunctive Relief and that the facts stated therein are true and
correct.

________________________
John Wood

Subscribed and sworn to before me on this the 16th day of January 2020, to
certify which witness my hand and seal of office.

_________________________
Notary Public, State of Tennessee