IN THE CHANCERY COURT FOR DAVIDSON COUNTY , TENNESSEE, NASHVILLE DIVISION SAVE FORT NEGLEY PARK, INC., SAVE OUR FAIRGROUNDS, INC, COUNCILMAN STEVE GLOVER, LEO (KWAME) LILLARD, AFRICAN AMERICAN CULTURAL ALLIANCE, DENNIS BOGGS, RICK H. WILLIAMS, and, ‘THE TAXPAYERS AND CITIZENS OF NASHVILLE & DAVIDSON COUNTY, Plaintiffs, v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, And, TALIA LOMAX-O’DNEAL, in her official capacity as Director of the Finance Department, And, MICHELLE LANE, in her official capacity as the Chief Procurement Office and Purchasing Agent, And, STEVE BARRY, in his official capacity as the Director of the Division of Property, And, TERRI TROUP, in her official capacity as the Finance Administrator of the Procurement Division, And, JEFF GOSSAGE, in his official capacity as the Chief Procurement Office and Purchasing Agent, And, MICHELE DONEGAN, in her official capacity as a Board Member of the Procurement Appeals Board, And, MONICA FAWKNOTSON, in her official capacity as a Board Member of the Procurement Appeals Board, And. VELVET HUNTER, in her official capacity as a Board Member of the Procurement Appeals Board, And, KIM MCDONGIEL, in her official capacity as a Board Member of the Procurement Appeals Board, And. CASE NO. 17-___ JURY OF 12 DEMANDEDSCOTT POTTER, in his official capacity as a Board Member of the Procurement Appeals Board, And, DAVID TUCKER, in his official capacity as a Board Member of the Procurement Appeals Board, And. NANCY WHITTEMORE, in her official capacity as.a Board Member of the Procurement Appeals Board, And. SEVEN (7) JOHN AND JANE DOES in sheir Official capacities as members of the Procurement Committee for the Procurement Division, Defendants COMPLAINT FOR DECLARATORY ACTION, INJUNCTION AND MANDAMUS Come now Plaintiffs seeking relief from the Defendants’ intentional, willful, and Purposeful refusal to follow the Metropolitan Charter and the Code of the Metropolitan Government of Nashville, Davidson County (“Metropolitan Government”) as it relates to the disposal of “surplus real property.” The Metropolitan Government is intentionally violating its own laws by awarding private commercial development rights on the Fort Negley/Greer Stadium property. Defendants are not adhering to the statutory process designed specifically and exclusively for the disposal of “surplus real property” under Metro Code 2.24.250. As grounds for this Complaint, the Plaintiffs will show the Court as follows: Relief Sought Plaintiffs seek a Writ of Mandamus to compel the Finance Department to declare the Ft. Negley / Greer Stadium “surplus real property” prior to the disposition of any right, title or interest in the same. Plaintiffs seek recognition and affirmation that approval by Metro Council is required before any property or interest therein may be transferred to a private party. Additionally, Plaintiffs seek other appropriate relief, including costs and attomey’s fees, as may be allowed by the Court.Jurisdiction and Venue The Davidson County Chancery Court has jurisdiction to decide such matters in Tennessee. Gibson's Suits in Chancery, $41.01, 8*ed. explains: It] has plenary jurisdiction to issue writs of mandamus, the object of which is to compel the defendant(s) to do some ministerial act which the law requires but provides no adequate and specific remedy in case of nonperformance. It is usually resorted to where an official refuses to perform his duty and there is no other adequate and specific remedy for his default or refusal... If the duty of the official to perform the act is nondiscretionary, mandamus is a proper remedy even though the existence of that duty must be determined and adjudicated by the Court in the mandamus suit Accordingly, this matter is properly before the Chancery Court for Davidson County for determination of the same. ‘The property at issue is located in Davidson County and therefore Davidson County is the proper venue. Applicable Law and Issue 1. Section 2.24.250 of the Code of the Metropolitan Government of Nashville, Davidson County (“Metro Code”) provides inter alia: A, Whenever the director or other chief administrative officer of any department or agency, or when any board or commission, of the metropolitan government determines that real property of the metropolitan government in the custody of or used by such department, commission, board or agency is no longer needed or suited for its purposes, the board or commission, by resolution, or the director of a department or head of an agency, shall declare such real property surplus, and shall transfer it to the custody of the director of public property administration, but the insurance, maintenance and repairs of the property shall continue to be paid for out of the budget appropriation of the transferring department. commission. board or agency until the end of the fiscal year in which the tansfer took place, or until the appropriation for such purposes has been transferred to the department of public property administration in the manner provided by Section 6.11 of the Metropolitan Charter, whichever event occurs first. Notwithstanding the foregoing provisions in this section, any Metropolitan Government owned and operated home or facility for the care of children, whether it be known as Richland Village, the McKay Home, or the Municipal Children's Home as identified in Section 11.1102 of the Metropolitan Charter, shall not be transferred to the custody of the director of public property administration as