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TOP STORIES FOR WEDNESDAY, SEPTEMBER 25, 2002

LAWSUIT SEEKS $100 MILLION AGAINST POWER PLANT
 
  
By Jeff Washburn
  
A lawsuit was filed last week in Weakley County Circuit Court by a host of plaintiffs in the Gleason area against Allegheny Energy Supply-Gleason Generating Facility Co., LLC, the Industrial Development Board of Weakley County and James Twyman, individually, and as the manager of the electricity generating plant. The lawsuit seeks damages in the amount of $100 million plus a restraining order preventing the plant from further operations while emitting a low frequency sound and vibrations, which the plaintiffs claim constitute a private and public nuisance plus common law trespass.

A spokesman in the Weakley County Circuit Clerk's office said last week that County Attorney Bill Neese of Dresden accepted service of the lawsuit Tuesday on behalf of the defendants named in the lawsuit. The defendants have thirty days to file an answer to the lawsuit unless an extension of time is granted for filing the answer. Representatives for the defendants listed in the lawsuit could not be reached for comment late Tuesday afternoon when the Enterprise obtained a copy of the lawsuit.

Plaintiffs listed in the complaint include: Danny Joe Melton and Justin Melton; David Andrews and Lisa Andrews; Norman Dotson and Linda Dotson; Brent Griffin and Denise Griffin; Kevin Johnson and Doug Johnson; Kevin Johnson and Cynthia Johnson; Danny Joe Melton and Linda McMackin; Justin Melton and Wendy Melton; Leora Robison and Bobbye Robison; Coy and Martha Segraves; John M.Trevathan and Dixie A. Trevathan; David Vaughn and Pegg Vaughn; Terry Wainscott and Cathy Wainscott; Floyd Lee Bell and Beverly C. Bell; Donald Lawrence and Patsy Lawrence; John Burroughs and Carolyn Burroughs and John Burroughs III (a minor); Cory Burroughs (minor); Northwest Tennessee Motorsports Park, LLC; Justin Melton and Danny Joe Melton, d.b.a. M & M Race Cars.

According to the lawsuit, the complaint is predicated upon the legal theories of common law trespass, strict liability, negligence, and nuisance. The plaintiffs are seeking to have the court "to cure and/or prevent any further harm to the Plaintiffs and (issue) an injunction requiring Defendant Allegheny and it's plant manager to cure the temporary nuisance and a writ of mandamus requiring the Defendant Industrial Development Board of Weakley County, Tennessee to give Defendant Allegheny 5 days notice to cure their breaches of contract and other legal violations per the language of their contract or require Defendant Industrial Board of Weakley County to cure the problem or convey the property to Defendant Industrial Board of Weakley County so that the Allegheny will become the owner and pay taxes like an ordinary citizen or corporate entity and cease the violation hereinafter described and pay damages to the Plaintiffs."

The Plaintiffs allege in the lawsuit that the power generating plant built initially by Enron Corporation and then sold to Allegheny Energy emits vibrations, is causing water pollution and a water problem in the area. They further contend that the plant is hazardous because of the storage and use of hydrogen on the premises of the plant, and due to the potential that the vibrations emitted from the operation of the generating turbines will cause a crack or rupture in the natural gas pipeline that serves the plant, potentially resulting in an explosion. The lawsuit alleges that the company never obtained a state permit to operate the plant although a permit was obtained to construct the plant.

"In operation of the Enron Power Plant, a vibration is emitted, and then the vibration is sent for a great distance beyond the Enron Power Plant property lines and fences, causing materials of the plaintiffs and others to have fatigue and breakage causing damage to the Plaintiffs property such as cracked windows, cracked foundations, brick crumbling, interior walls cracking, etc." the complaint states. "Likewise, it causes personal injuries to the Plaintiffs, such as headaches, loss of hearing and nose bleeds and subjects them to risks of cancer and other medical impairments. It also causes noise pollution to the point where residents cannot hear their televisions, etc., over the vibration drone."

The Plaintiffs in the lawsuit are suing for "personal injuries; loss of hearing, headaches, risk of cancer, other diseases, medical problems and complications; damages to the real property, personal property, and mixes properties; emotional distress; mental anguish due to fear of explosion and fear of natural gas fires, fear of the hydrogen being used and kept on the power plant premises and its effects, long and short term, on the Plaintiff's health and the hydrogen's propensity for explosion, in the amount of 100,000,000 collectively." The lawsuit further states that the Plaintiffs are seeking punitive damages in the amount of $100,000,000.
 
     
Dixie Carter Show Produces a Sell-Out
Performance to Benefit Planned Performing Arts Center
 
  
By Joel Washburn
washburn@mckenziebanner.com
  
Who says you can never go home again? Not Dixie Carter. During a sell-out cabaret performance at The Ned performing arts center in Jackson, Dixie mixed her acting, singing, and comedic skills to provide an entertaining show that people will remember. A native of McLemoresville and a graduate of Huntingdon High School, Dixie is an accomplished actress who has been a perennial mainstay on the television in such serials as Designing Women and Family Law. Today, she shares her time between her home in Los Angeles and her childhood home of McLemoresville.

"I had an idyllic childhood," said Dixie of her rearing in McLemoresville. While she is performing she often tells stories of her days in McLemoresville, to which she adds the town of Huntingdon - at the prompting of fellow classmate, Dale Kelley, Mayor of Huntingdon. She said people are really interested in her rural upbringing. She recalled the happy times of family and friends when the distractions of the world seemed so far away and the influence of television had not invaded the rural homes of the south. "We were our own entertainment," said Dixie. "My mother and daddy were my movie stars."

John Wallowitch provided the musical accompaniment on the Steinway piano as Dixie stood front and center stage and at times sat on top of the musical instrument. Her hand, body and facial gestures lend dramatic emphasis to the words she sang. The lyrics were often whimsical, poking fun at herself or those in the entertainment business. Subjects included medical procedures such as face lifts, tummy tucks, or lying about one's age. John Wallowitch, providing a dry wit, not unlike the late Jack Benny, was a willing accompanist who often parlayed the lyrics or jokes to an elevated status. Dixie and John are obvious seasoned entertainers who know how to reach their audience.

While the McLemoresville native provided lots of laughs, she knew the local audience knew her best. The familiarity didn't go unnoticed when Dixie reminisced about her childhood - her triumphs, her sorrows. "We know and understand things we don't have to discuss," said Dixie to her audience. Of the sorrows in her life, she said, "The scars don't show, but they are there." She told of her father, Halbert Carter, going off to World War II as a soldier when she was just four years old. He returned 2.5 years later to surprise the family. Dixie and her sister, were standing in the kitchen when they looked up and saw their father standing in the doorway. He later sneaked upstairs to surprise Mrs. Carter.

As for the new Dixie Carter Performing Arts and Academic Enrichment Center to be built in Huntingdon, Ms. Carter said she is thrilled with the idea of such a center being built and bearing her name. As for the evening, Ms. Carter said, "Thanks for including me in it. I have enjoyed your company this evening."

A reception followed at The Carnegie in downtown Jackson. Dixie, her husband Hal Holbrook, and John Wallowitch met with friends and neighbors at The Carnegie.
 
     
County-Paid Insurance for Commission Might Cease
 
  
By Joel Washburn
washburn@mckenziebanner.com
  
It has been a political football for much of the last year. County-paid insurance for Carroll County commissioners may soon be coming to an end, thanks to action taken by the county's insurance committee on Monday. The committee voted three to one to end the county's co-pay for major medical and life insurance, leaving the commissioner with the option to drop the coverage or pay the full premium effective January 1, 2003. The committee's action will be presented to the Resolutions Committee for action on October 7 and then on to the full commission on October 14.

The Insurance Committee consisting of Ben Surber, Frank Burns, Jerry White, and Roger Hollowell met on Monday in the county executive's office to discuss the matter. Chairman Larry Spencer was absent. The plan allows commissioners to continue under the insurance plan, however, the county will no longer pay 75 percent of the premium for the commissioner and his/her dependents. That move is expected to save the county $51,693.84 annually. Only six of the 21 commissioners are covered under the plan - that's down from the 17 commissioners who were on the plan last year. Some of the previously covered commissioners were not re-elected or did not seek re-election in August. Commissioners presently on the plan include Mike Creasy, Ronnie Murphy, Larry Spencer, Gaylon Sydnor, Frank Burns, and Roger Hollowell. It was Burns who made the motion to eliminate the county's co-pay for commissioners. In January 2003, the total premium will be $957.30 for a family plan and $383.44 for the employee only.

The dissenting committee vote came from commissioner Roger Hollowell, age 64, who asserted that fellow commissioners needed time to find insurance. He proposed the county-paid plan cease at the end of December 2003, a full year's extension from the proposal moving out of the committee. The commissioner said he was aware that enough commissioners will vote to end the insurance, but begged for an extension. Hollowell said he can obtain Medicare in December 2003 and a continuance of the county-paid plan to December will allow the five other commissioners to find other insurance while he will personally move to the Federal program of Medicare.

White openly questioned, "What if someone will be (age) 65 in 2004?", in reference to Hollowell's obvious attempt to extend the coverage one year for his personal gain.

"The public is outraged," said Surber of the county-paid insurance for commissioners. He said many of the newly elected commissioners ran for office on the premise to eliminate county-paid insurance for the commissioners. "It's been good and good for me," said Surber, who discontinued his county coverage recently after receiving Medicare.

Hollowell's amendment for a one-year extension was defeated, receiving only his vote.

The County budgeted $690,391 to cover its share of insurance premiums for approximately 150 county employees for FY 2002-2003. County Executive Kenny McBride said the premium increase will add another $172,000 to the costs. Health insurance for employees is approximately 8 percent of the county's total budget.

Hollowell retorted that if the County eliminates the co-pay for the commissioners' insurance, the property tax rate should be adjusted downward to reflect the savings. McBride said the savings will be more than offset by premium hikes for the remaining employees' insurance. He pledged to present his amendment for a one-year extension to the full commission on October 14.
 
     
Four Arraigned Wednesday on Kidnapping Charges
 
  
By Linda Bolton
linda@mckenziebanner.com
  
Four suspects were arraigned in Carroll County General Sessions Court Wednesday, September 18 in connection with the kidnapping of a 26-year-old McKenzie woman from the Blooming Grove community.

Charged were Anthony Maupin, 31, East Union Street, Gleason; Stacie Leeann Spence, 26, North Street, Hollow Rock; Emily Blackard, 25, East Grove Road, Gleason; and Kim Dawn Bills, 32, Lester Lane, Martin. All four are being held in Carroll County Jail, under $50,000 bond each. Each of the suspects are charged with aggravated kidnapping and aggravated robbery.

According to Carroll County Sheriff's Department Investigator David Bunn, the four suspects reportedly believed that the woman had served as an informant, implicating Maupin and Spence on a charge of manufacturing methamphetamine in Weakley County. However, Investigator Bunn stated the woman, who he declined to identify, had not served as a narcotics informant as far as he knew. The drug charge was later defeated in the Weakley County court system.

The suspects apprehended the victim mid-afternoon at gunpoint from her home on Monday, September 16. Investigator Bunn stated the suspects used a pellet pistol, however the weapon has the appearance of a more dangerous weapon. She and two of the suspects left the home in a pickup truck the suspects had driven to the victim's home, while the other two suspects followed in her black Chevrolet Baretta.

A short time later the victim's car became disabled and both cars stopped along the roadway while the suspects decided what to do.

Investigator Bunn stated several cars passed by the stalled car and pickup. During this time an altercation erupted between the four suspects and the victim called out for help to passing motorists. None of the drivers stopped, however an occupant from one of those vehicles called authorities to inform them of the situation.

The four suspects and the kidnap victim then entered the captors' vehicle and continued to a residence on Copeland Road, near the intersection of Highway 124 and Blooming Grove Road. The location is near the former Twigg's Grocery. Unknowingly, the suspects arrived at a home next door to the victim's boyfriend's brother. While at the location, she was able to get away from her captors and fled to the next door neighbor's home.

The four kidnappers fled the scene and were apprehended later at a residence in Gleason by officers of the Weakley County Sheriff's Department and Gleason Police Department.

The four were originally transported to Weakley County Sheriff's Department for questioning and later transferred to the custody of Carroll County authorities.
 
     
  Internet Exclusive - Community Health Systems Enters Into Exclusive Negotiations to Purchase Seven West Tennessee Hospitals From Methodist Healthcare  
 

 
BRENTWOOD, Tenn., Sep 26, 2002 (BUSINESS WIRE) -- Community Health Systems, Inc. (NYSE: CYH) announced today the execution of a letter of agreement to negotiate exclusively for the purchase of seven West Tennessee hospitals from Methodist Healthcare of Memphis, Tenn., subject to the completion of a definitive agreement. The acquisition includes Methodist hospitals in Brownsville, Dyersburg, Jackson, Lexington, Martin, McKenzie and Selmer, as well as Methodist's outpatient care and ancillary services located in these areas. The hospitals have a total of 676 licensed beds.

"These are excellent facilities with an important community presence," said Wayne T. Smith, chairman, president and chief executive officer of Community Health Systems, Inc. "Our company has spent the last 15 years developing our expertise in operating and enhancing community hospitals. We look forward to bringing that commitment and experience to these hospitals and working with their employees, medical staffs and leadership as they continue to provide quality healthcare to the communities they serve."

Gary S. Shorb, president and chief executive officer of Methodist Healthcare, said the transaction allows both companies to pursue their individual missions. "We believe that Community Health Systems' financial stability and proven track record in operating non-urban hospitals uniquely positions them to enhance these facilities. This transaction allows Methodist Healthcare to focus our energy and resources to further developing a major academic research hub. Our board has given this decision great consideration and is confident we have identified the best future for our facilities throughout West Tennessee."

The transaction is subject to board approvals of a definitive agreement as well as governmental agency approvals.

Located in the Nashville, Tennessee suburb of Brentwood, Community Health Systems is a leading operator of general acute care hospitals in non-urban communities throughout the country. Through its subsidiaries, the company currently owns, leases or operates 61 hospitals in 21 states. CHS hospitals offer a broad range of inpatient and outpatient medical and surgical services. Shares in Community Health Systems, Inc. are traded on the New York Stock Exchange under the symbol "CYH."

 
     
       

Phone (731) 352-3323 or Fax (731) 352-3322
washburn@mckenziebanner.com
 


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