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Shelley Breeding
KNOXVILLE — Shelley Breeding cannot be a Knox County candidate for the General Assembly, a three-judge panel of the Tennessee Court of Appeals ruled this morning.
The panel upheld a Chancery Court decision that Breeding is legally a resident of Anderson County. She wants to run in the Democratic primary from the newly created 89th District, which lies entirely in Knox County.
A Knoxville-Knox County-KUB Geographic Information System (KGIS) map shows part of her residential lot, including the mailbox and driveway, are in Knox County, but that her house is in Anderson County. She has challenged the accuracy of that map.
Breeding "has not produced any credible evidence" that the map lines are inaccurate, Judge Charles Susano wrote for the panel in its unanimous decision.
Facts presented in the case "show by a preponderance of the evidence" that her house is entirely within Anderson County "and that she is a resident of Anderson County and not Knox County," Susano wrote.
Breeding still has the option of filing a request for the Tennessee Supreme Court to accept an appeal on an emergency basis. One of her attorneys, Jon Cope, said he and Breeding are discussing that possibility.
More details as they develop online and in Friday's News Sentinel.
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Comments » 51
westknoxrepub writes:
In other words the courts came to the common sense conclusion that you're a residency is determined by where you pay your taxes. That little voter registration loophole needs to be closed while we're at it.
keepitreal4vols writes:
Nothing more to see here, lets move along.
cejensen writes:
Every mouth-breathing Republican in the 8th can let out a collective sigh of relief....now, if they can get their voter suppression plan implemented, the 8th will be safe for whatever candidate Hunley decides to run.
homewrecker writes:
Yep, of course to the democrats we were being partisan..but the law is clear..where you habitate and pay taxes is the rule..and is common sense.
Now she can do the typical democrat thing and complain and cry about how it is so unfair..even though she got her day in court.
Now if she wants to spend the money and get a survey and prove her house isn't in anderson..then she would have won. She didn't do that.
westknoxrepub writes:
It's really not even a taxpaying issue if you read the decision. The court states the state and local GIS maps show her physical house ENTIRELY within Anderson County. . .her rebuttal, a map from Bing, and the same map via National Geographic and citing an unlabeled line as the county line. Based on the court's findings she really shouldn't be a Knox County voter either.
Still, the Dems will cry voter supression, and activist judges, probably without ever actually reading the opinion. If you walk into court with an online Bing map being your only evidence, you deserve to lose.
Luigi writes:
You would think that the Democratic party would have had their HS graduate read the rules before it got this far. Perhaps he/she was busy in Wisconsin.
westknoxrepub writes:
Yeah, you must have missed the part in the court decision where two maps demonstrate her house is entirely in Anderson County. You must have been shocked when the word of Bing wasn't accepted as fact. Only a left leaner such as yourself would consider an individual whose house lies entirely within Anderson County a resident of Knox County.
homewrecker writes:
Her evidence was a "Bing" map and a national geographic map...vs. the plat for the subdivision, 3 state maps, and a survey...yep..the interwebz are proof she was right.
The court noted pur 2-2-122 that she paid taxes to anderson and her house is in anderson..SHE ONLY ATTEMPTED to pay knox co. taxes once the election commissioner called her.
Too little too late..but seriously..using a Bing map off the web to dispute state maps..that is dumb.
homewrecker writes:
I hear if it is on wikipedia the court has to take that over any other evidence...looking at that opinion..her legal work isn't that great.
westknoxrepub writes:
It should be noted that the National Geographic map was a replication of the Bing map, so really she walked in there with a Bing map. It should also be noted that the election commissioners predocessor was the one who told her she was in Knox County. I'm pretty sure that's a reference to Greg McKay. . .a democrat. . .and he told her that for partisan reasons.
shoes writes:
First she claims she doesn't know where she pays her taxes, then she goes into court armed only with a map from Bing.
You're trying to argue a Republican plot when it's obvious she didn't make much effort. If she's this ill-prepared for something she wants, how well would she represent her constituents?
I don't even know who she's running against, but I couldn't vote for her based strictly on performance.
barnabyb writes:
She had a very good argument based on curtilage. A substantial protion of her lot is in Knox County, so she argued that that makes her, in effect, a resident of either county. That's when the other factors, such as where she works, registers her cars, etc. should come in. Those factors would swing the residency to Knox. Now what will happen to those other people in her neighborhodd whose homes are divided by the line or shown by the Knox Co. map to be in Anderson Co., and the Anderson map to be in Knox?
huntermr writes:
She is cute, but anyone dumb enough to try to use a Bing map as "evidence" in rebuttal of a formal State or Local government boundry map, should not be an elected official of any County or Government entity. Too dumb to even consider.
westknoxrepub writes:
The local GIS map showed her house entirely in Anderson County, the state GIS map showed her house entirely in Anderson County, she pays property taxes in Anderson county. Where she works or registers her car should bear no weight in determining on where she lives. McKay told her she lived in Knox County for purely political reasons, but she got caught. Her only defense was an internet search engine map, in what universe does she have a good argument to be considered a Knox County resident?
huntermr writes:
Looking at her's or any Property Tax bill would be a good place to start. She said "she didn't know" where she paid her property tax? Give us all a break. Read the name you wrote on the Check when you paid it, or the name on the Bill itself for the last several years.
I'm an independent an don't like either political party, but do the Democrats really want someone that dumb to represent their party?
homewrecker writes:
Actually the court directly addressed that argument and it was countered per the wording of the statute. Also, she didn't attempt to pay knox property tax till after she was notified. Most of the exception statute wording was based on farms > 15 acres which wouldn't apply to her. The court also noted that the "I didn't know" was countered by her deed and plat given at closing to her. She knew she was on a boundry and to run for office she should have done her due diligence.
If I hired an attorney to prepare a case and they missed that a bill was being paid incorrectly for me to qualify for office for 5 years....I probably could file a complaint with bpop and succeed. And any attorney knows a bing map barely meets the rules of evidence and won't stand against a survey. She can't even prove how they come up with their property lines.
I wouldn't take much credit behind her legal arguments if she made those up.
hallsguy writes:
Agree.If the property line is split between two counties and that does happen in border line areas,then you pay taxes to the two entities dependent on the property attributed to each. If the house is in Anderson Co and the preponderance of the map evidence says it is then I suppose that is where you live. She could have put and RV on the Knox side if you wanted to be cute and there those politicians that wouldn't hesitate to be cute.
She may legitimately not know where she pays her property tax because most mortgage companies pay those taxes out of escrow accounts(PITI).That's just to give her a break.
This really should not be a Dem vs Repub argument. Rather, it's a let's establish residency, first.
Rickthom2011 writes:
Well hopefully now the people of the 89th can start to focus on the real issues and real candidates. I am supporting ROGER KANE for State Representative.He is the only candidate so far that has been actively working in the community to make things better for both Democrats and Republicans alike. He even invited the Democratic party several years ago to have a booth at the Karns Fair, which he is the President of, so that the people of Karns could know of their existance. He seems to truly care about this District and will represent the people.
goodolecountryboy writes:
Whether you pay your taxes through an escrow account through your mortgage company does not matter. You still get the bill from the county mailed to you regardless.
rk40977#297843 writes:
I'll bet if I grab your nose and twist, you'll breathe through your mouth, too. Let's give it try, shall we?
ArmyDad writes:
There really was no other decision to make. Her house is in Anderson County, therefore she lives in Anderson County. The district she wanted to run in does not cover any part of Anderson County. She can still run, it will just have to be in the district in which she lives.
westknoxrepub writes:
Don't bother with him, in the true spirit of a collectivist Mr. Jensen will not relent until everyone is as equally miserable as he.
bbholston#1398245 writes:
Such a loss for the citizens of the district. Just think, now you get to select from the usual old tired thugs who just show up and run for office when they smell another retirement package in the offing. All you Republicans must be proud that your representative in Nashville will be just another puppet of the right wing loonies who prowl the hallways in the State Capitol with their pre-packaged bills that produce no jobs and only serve to make East Tennessee the laughing stock of the Southeast. I can hear the massive sigh of relief from all of you who now can return to your usual agenda of corruption and moral decay in local government. But don't worry about Shelley, she has a bright future in public service ahead of her. She represents the new progressive face of Knox County which, although small in numbers, gains strength in every election as the traditional Republican base becomes more crooked and perverse. The new face of Knox County will change just as the City of Knoxville has morphed into the place to live and work in Knox County. We can only hope that these changes will take place before the only job our County Executive has is to attend gas station and resturant ribbon cuttings and our school system falls further behind.
cejensen writes:
homewrecker writes:
in response to cejensen:
Every mouth-breathing Republican in the 8th can let out a collective sigh of relief....now, if they can get their voter suppression plan implemented, the 8th will be safe for whatever candidate Hunley decides to run.
Her evidence was a "Bing" map and a national geographic map...vs. the plat for the subdivision, 3 state maps, and a survey...yep..the interwebz are proof she was right.
The court noted pur 2-2-122 that she paid taxes to anderson and her house is in anderson..SHE ONLY ATTEMPTED to pay knox co. taxes once the election commissioner called her.
Too little too late..but seriously..using a Bing map off the web to dispute state maps..that is dumb.
.............................
I didn't say the court decision was wrong, or even poorly decided. She had some evidence and common sense on her side....it just wasn't very persuasive. That doesn't make her a criminal or bad person....the court just didn't decide in her favor, which I still assume was a relief to Republicans in the 8th because she appears to be a well educated, bright person, which would make her a formidable candidate against whatever candidate Hunley decides to run that may, or may not have a pulse and brain wave.
homewrecker writes:
Do you get your information from wikipedia or Bing?
Guess she is gonna move to knox county since she wants to do politics here right?
I enjoy your bitter tears as they flow on these forums...maybe she can solve world hunger with the interwebz next.
homewrecker writes:
Based on her legal argument and failure of due diligence..I would say her academic accolades didn't translate into the real world and she isn't that bright unless you turn off all the lights.
shoes writes:
Some day you'll figure out epics like yours turn people against the Democrats. Whine, cry, feel put upon ... no solutions, no facing facts, just tears like a pack of spoiled 3 year olds when you don't get your way.
This wasn't a party thing, except that maybe the party should have vetted Ms. Breeding more carefully. Adults want competence from their representatives, no matter which party they belong to. It's just not enough to plunk a D (or an R) after their name and look good at the gatherings.
RJP11 writes:
LMAO ... you just insinuated that the people of Karns don't know anything exists if it doesn't have a booth at the Karns Fair ... sadly, that's probably about right. Therefore, I hearby apply for booths at the Karns Fair for The Enlightenment, evolution, the dangers of cult preacher charlatans, the foolishness of single social issue voting, and economic class awareness. Each will also serve funnel cakes.
And now for something completely different...given this appellate court ruling, there needs to be a follow-up article written about exactly how & when the fee offices of Knox County that have erroneously accepted registration fees & personal property taxes from Shelley Breeding, now adjudicated to be a non-Knox County resident, over the years will now transfer those tax revenues to Anderson County, apparently the rightful recipient, or refund it to Breeding for remittance to Anderson County.
If we're splitting hairs like this, then what's good for the goose is good for the gander. Remit posthaste, Knox County!!
bbholston#1398245 writes:
No tears from me, sorry to disappoint you. I hate that a golden opportunity for change has been missed here in an area sick of the status quo produced by the same old morally bankrupt Republican Party who has lost touch with the citizens of this County. But I won't bother you guys anymore because you have money to steal, your busy park visiting schedule and gay bashing keeps you busy from sunup to sundown.
bbholston#1398245 writes:
Perhaps you are right, maybe Ms. Breeding should have been vetted more closely. One would surmise that the hypocrit, Mr Ownby, Mr. Campfield, Mr. Duncan, Mr. Lowe, etc. etc. should have been vetted so we the taxpayers would not be subjected to their incompetence, lack of moral fiber, and just strange behavior. Its all good though, when Republicans steal, they just pay it back. They don't have to go to court because they are on vacation or they do go to court and then refuse to talk to anyone about their guilt or innocence. The only epics I write about is the greed, stupidity, and downright theft so common of Knox County Republicans. That is a story of epic size and depth. If you condone and support that sort of behavior, you are an accomplice to crime.
GOJO writes:
**************
Just to think that all these years I have thought that it was MY responsible to pay my fees & taxes in the correct county. Now you tell me that it is the county's responsibility.
Wish I had known that when that cop gave me a ticket for my car being registered in one state & my driver's license were from another.
nattybumpo writes:
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Well, after all she is a blonde,............The Democrats will want to make allowances.
westknoxrepub writes:
Um. . .the story and ruling were pretty clear that property taxes were paid to Anderson County. In fact I haven't read anything to indicate she's paid property taxes to Knox County.
nattybumpo writes:
"I hate that a golden opportunity for change has been missed here"
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Possibly,.............And all because your candidate didn't know where she lived or where she paid her taxes.
Kinda makes you want to kick your cat, does it?
cejensen writes:
homewrecker writes:
in response to cejensen:
I didn't say the court decision was wrong, or even poorly decided. She had some evidence and common sense on her side....it just wasn't very persuasive. That doesn't make her a criminal or bad person....the court just didn't decide in her favor, which I still assume was a relief to Republicans in the 8th because she appears to be a well educated, bright person, which would make her a formidable candidate against whatever candidate Hunley decides to run that may, or may not have a pulse and brain wave.
Based on her legal argument and failure of due diligence..I would say her academic accolades didn't translate into the real world and she isn't that bright unless you turn off all the lights.
.............................
You're right, I should have qualified "bright". In this immediate instance, I should have said "bright, compared to her GOP adversaries....the ones with the lights out in the house".
westknoxrepub writes:
Oh what a shock. . .somehow an Anderson County resident not being allowed to run for a Knox County office, and using Bing to try and prove why should be allowed to run is some big loss for the residents of the district. If the Demcrats are serious about the seat, they'll find someone else to run. Maybe someone who knows where they pay thier property taxes and doesn't use Bing to prove facts in a court of law. As for your comments about the city. . .I think once the results of Rogero's "economic policy" of not attracting industry and speed traps result in no economic growth, people might wake up and realize she's not cut out to be mayor.
bbholston#1398245 writes:
It will be tough for the City mayor, no doubt about it. What will she do without being surrounded by the usual
Republican corruption so common in County government? Her selections of city officials lack the usual qualifications due to their lack of experience in cooking the books, nepotism, graft and moral terpitude. Poor Ms. Rogero, she only knows how to be progressive, honest and above board, all concepts that are foreign to the local Republican gentry who has relied on white collar welfare for generations that they now think being elected to office is an entitlement to steal. Yes, Ms. Rogero has a lot to learn from the Republicans but let's hope she continues to take the path of accountability and honesty that she has exibited so far.
1PercentSolution writes:
All you folks who like to call Republicans witless, dumb, clueless, etc., please tell me how these stupid people keep beating the Democrats?
What does that say about Democrats?
westknoxrepub writes:
Bill Haslam, the Republican mayor that preceeded Ms. Rogero, had a clear economic policy that helped stablize the city during the economic downturn. I have yet to hear Ms. Rogero articulate any sort of economic policy aside from her campaign speeches where she vowed to only attract "certian types of industry". She hasn't shown any accountability toward anything, as since she took office her only notable "accomplishments" were putting sexual orientation into the discrimination code, walking around Ft. Sanders talking about building codes, and seeing an increased number of local police in residential neighborhoods writing an extrordinary number of traffic tickets. It seems, at least for the time being, her strategy is to do nothing of substance, and offer up superficial platitudes that will placate her shallow base, such as yourself.
1PercentSolution writes:
oh yeah - and the Democrat's best hope for winning an election goes into the court of appeals with nothing but a map from a second-rate search engine.
again - what does this say about Gloria Johnson and Chip Forrester's leadership?
cejensen writes:
WKR
June 14, 2012
2:15 p.m.
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westknoxrepub writes:
in response to bbholston#1398245:
It will be tough for the City mayor, no doubt about it. What will she do without being surrounded by the usual
Republican corruption so common in County government? Her selections of city officials lack the usual qualifications due to their lack of experience in cooking the books, nepotism, graft and moral terpitude. Poor Ms. Rogero, she only knows how to be progressive, honest and above board, all concepts that are foreign to the local Republican gentry who has relied on white collar welfare for generations that they now think being elected to office is an entitlement to steal. Yes, Ms. Rogero has a lot to learn from the Republicans but let's hope she continues to take the path of accountability and honesty that she has exibited so far.
Bill Haslam, the Republican mayor that preceeded Ms. Rogero, had a clear economic policy that helped stablize the city during the economic downturn. I have yet to hear Ms. Rogero articulate any sort of economic policy aside from her campaign speeches where she vowed to only attract "certian types of industry". She hasn't shown any accountability toward anything,
.................................
Oh, my gawd, the ole "no accountability" rant. Of course, the advantage of the no accountability rant is no one can attack it because no one knows what it means.
No accountability---the ultimate in amorphous, ambiguous, meaningless attack.
westknoxrepub writes:
I like how you subjectivly chose to gloss over the accountability rant by your partner in crime, and instead referenced my response. . .although to be fair, since Rogero's accomplishments at this point are non-existant. . .she really has nothing to be accountable for.
realthingtn writes:
The majority of the Tennessee Court of Appeals panel were Democrats including Charles Susano a former Knox County judge. Contrary to what some have written on this blog, in my opinion, this was always a legal issue and not a political issue.
Now it appears the voters of the new 89th District will have four candidates to choose from to be their state representative. I encourage everyone to consider Joey McCulley to be their next state representative. It is time to pass the torch of leadership to a new generation and get away from the politics of the past.
hallsguy writes:
Look folks, most of the corruption that exists in Knox County is the democrats because there is no party affiliation. Also, aren't the so-called Republicans really RINOs? Never hear about DINOs.
That aside, doesn't matter to me who runs. What is important is that the candidates live in the district they represent. We've had enough shenanigans from both parties, remember Mike Hammond, over residencies. It's not just here, it's all over the state.
And yes, both parties have their share of certifiable idiots and buffoons so lets call it like it is.While personally,I'm more libertarian and would trend to the Republican side, I would be the first to say that buffoonish behavior balances out. Should we compare the antics of Campfield with those of the Ford family in Memphis.Actually, not fair since there are so many of the Fords. John Ford and Ophelia Ford are priceless compared to Campfield and that Hurley girl.
bbholston#1398245 writes:
You seem to have forgotten that when Bill was elected the first person he wanted to help him was Ms. Rogero. She could handle many of the day to day activities while he got ready to run for govenor. She retained many of his people in her cabinet. The one thing the new Democratic mayor has not done is steal money, bring bad publicity to our community thru assinine comments about gay people and so far no one on her staff has been charged with having sex in a public place. You must be proud to be a Republican now that the taxpayers are spending valuable tax dollars to investigate and then prosecute all the wrong doings in the County administration. And you heard it here, more scandals are yet to come West Knox. More to come as the Republican Party continues to self destruct even though there are people like you who would vote for any common criminal as long as they are GOP. You have proven it too many times.
bbholston#1398245 writes:
Nice try Halls, your logic is conveniently askew on this. So far we have several people in key administrative and governing positions in Knoxville who are under investigation for various crimes. They are all Republicans who ran as Republicans and continue to act as Republicans. ACtually, we don't care what happens in Memphis we have our own little scandals going on right here in Ktown thanks to the party of fraud, embezzlement and white collar entitlement known as Knox County Republicans. Where are all your Libertarian candidates by the way?
yesivote writes:
The Democratic party should pay her court costs. They would still come out ahead. Just think how much it would have cost them to run a campaign to successfully elect a democrat in this district.
CTim writes:
Now that Ms. Breeding has learned where she lives I am sure she will put the interests of her supporters ahead of her own and sell out so that she can move into Knox County to better serve them. Anyone wanna take bets?
cdgreenwood#449059 writes:
So can anyone tell me why this lot was given a Knoxville address in the first place? Yes, this residential lot is partly in Knox County and partly in Anderson County, but it has a Knoxville address, and as I understand it, Ms. Breeding is registered to vote in Knox County and served jury duty in Knox County. The legal concept of residence depends on more than what County the structure you sleep in is located in or else these clowns that sleep and hang out in a business just to try to qualify to run for office in that area would have a legitimate case.
CTim writes:
Not all. Baumgartner is a life long democrat, as is the DA who enabled him.
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