Lawsuit claims Franklin mayor’s vote illegal

FRANKLIN, Tenn. Copyright 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. — A developer has sued the city of Franklin, claiming Mayor Tom Miller improperly voted on a project involving his real estate company.

The developer of a shopping center in the suit claims Miller failed to disclose his company’s role as the broker of a neighboring property during a zoning matter and did not withdraw from voting on it.

“We want the plat set aside, null and void,” Lawyer Hugh Howser, the lawyer representing Parkway Commons shopping center, said. “And we want him disqualified from participating in this vote.”

Miller is managing broker for The Parks Group, a real estate company handling the sale of a 49-acre tract of land north of Parkway Commons. He said there was nothing improper about his vote when development plans for the land went before the city planning commission in November.

“I said nothing at the time because I did not believe it was a conflict,” he said. “The only conflict comes if I gain personally.”

During planning commission discussion of the site plan of the project Through the Green, Miller made an amendment to require a road be built from that property to Parkway Commons. Parkway Commons owners don’t want the road.

Miller said his firm will benefit from the sale of the property, but that he will not personally and therefore there was no conflict of interest.

The lawsuit is not the first time Miller’s participation in city business affecting his company has been called into question.

Miller said he cannot recall ever recusing himself from a vote because of a conflict of interest. But he said he has not personally benefited from any vote he has made.

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Information from: The Tennessean, http://www.tennessean.com