Corker’s lawyers ask to withdraw
By Brian Lazenby Staff Writer
The law firm representing former Chattanooga Mayor and Republican U.S. Senate nominee Bob Corker and other defendants in an environmental lawsuit has requested to withdraw from the case. In a motion filed late last week in Hamilton County Chancery Court, Chattanooga lawyer Roger Dickson cited a conflict of interest representing Mr. Corker and other defendants that may hamper the Miller & Martin law firm’s ability to represent them because of responsibilities to other clients. A hearing is scheduled before Chancellor Howell Peoples on Monday to determine if they will be allowed to withdraw. Neither Mr. Dickson nor other lawyers from Miller & Martin returned telephone calls seeking comment. The lawsuit centers on the alleged breaking of a conservation easement to build Greenway View Drive, an access road to a shopping area from Brainerd Road, records show. A conservation easement is a contract that limits property development and transfers development rights to a municipality. The lawsuit was filed in 2003 by the Coalition for Responsible Progress, the Tennessee Environmental Council Inc. and environmental activist Sandy Kurtz against Corker Group Inc., Bright Par 3 Associates, Osborne Building Corp., Wal-Mart Real Estate Business Trust, Chattanooga and DBS Corp. Nashville lawyer Joseph Prochaska, who represents plaintiffs in the case, said he is unsure if the request will postpone depositions, including that of Mr. Corker, which is scheduled to take place Oct. 20. "That’s going to be up to the judge," Mr. Prochaska said of a possible delay. "I certainly don’t want it to." Officials with Mr. Corker’s senatorial campaign cited scheduling conflicts and had
attempted to postpone the deposition until after the Nov. 7 election, but Chancellor Peoples ordered the candidate to make himself available for testimony this month. Corker campaign spokesman Todd Womack referred questions about the case to the law firm. Mr. Corker faces Democratic U.S. Rep. Harold Ford Jr., DMemphis, in the election. Tom Lee, senior adviser for policy and communication for the Ford campaign, declined comment. The lawsuit concerns an almost 8-acre tract along South Chickamauga Creek that was dedicated for public use as a city conservation easement in 1996 by a company Mr. Corker later owned. Plans to build a Wal-Mart and other stores were approved while Mr. Corker was mayor, and Chattanooga Public Works officials agreed to modify the easement to allow an access road to the store, records show. Mr. Prochaska said about two weeks ago that plaintiffs had made a settlement offer and the defense made a counter offer in June that was rejected. On Monday, Mr. Prochaska declined comment about any settlement discussions. Staff Writers Michael Davis and Herman Wang contributed to this story. E-mail Brian Lazenby at blazenby@timesfreepress.com
