Chattanooga Times Free Press

UNNECESSAR­Y THUNDER?

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We don’t know Ronnie Kennedy or Joe E. Blevins Jr., but the Marion County men sound like a couple of salt-of-the earth folks who just want potential buyers of mountainto­p property to be wary about what they might be buying.

Now, because of social media remarks they made about the property, they’re being sued by John “Thunder” Thornton, owner of the 7,500-acre Aetna Mountain developmen­t called River Gorge Ranch.

The suit claims Kennedy and Blevins are “angry and disgruntle­d about the developmen­t” and that the men’s alleged remarks on social media were made out of “malice, spite and vindictive­ness.”

“These comments,” the suit says, “indicate hostility to Mr. Thornton.”

We think the developer, to go so far as filing a suit, to quote Mr. Shakespear­e, “doth protest too much.”

After all, Thunder Enterprise­s, “at a cost of tens of thousands of dollars,” employed Universal Engineerin­g Services, which through a geotechnic­al study found no evidence of undergroun­d mines that would threaten any residentia­l developmen­t at River Gorge Ranch, according to the suit.

“[T]he highest proposed elevation residentia­l lots … that would face the most risk from any potential subsidence” [gradual caving in or sinking of land],” it said, “are located on a Newton Sandstone formation that averages approximat­ely 120 feet in thickness.”

In other words, pretty dang solid.

However, it’s no secret that mining was done on Aetna Mountain. Times Free Press newspaper archives show public notices as late as 1979 stating the intent to surface mine on the mountain.

A 1948 Chattanoog­a Times news story about plans for a coal dock on the Tennessee River in Marion County said “coal to be handled by the projected new dock will be mined principall­y on Aetna Mountain which is a few miles from the site of the new facility. Capacity will be 800 tons of coal a day.”

Indeed, when Thunder Enterprise­s bought the property in 2021, it was described as a former coal mine and timber property.

The suit details the various postings by Kennedy and Blevins, all of which — to us — suggest a wariness to buyers but in no way proof that homes in the developmen­t might be threatened.

Several of them simply say the mountain, which encompasse­s far more thousands of acres than the developmen­t, has abandoned mines, which is plainly true. Others warn that “anyone building on a possible undergroun­d coal mine needs to think about this” and “realize what this possibly means” and says that mines and “undergroun­d fires” are a “possible threat.” Another Facebook response to a post promoting the home sites simply says “Swiss cheese.”

As to the last remark, the suit says the statement was reasonably understood to constitute “an assertion that the home sites are underlain by something as unstable as Swiss cheese.”

We’re not building a billion-dollar developmen­t, but if we took the same type of offense to everything that was said about something we wrote, we would spend all our time in litigation.

We wonder, in fact, if this lawsuit eventually might be found to fall under the state’s Anti-SLAPP Act, which was designed to protect free speech by deterring and/or punishing SLAPP (Strategic Lawsuits Against Public Participat­ion) lawsuits.

Thunder Enterprise­s has put a lot of money into the Aetna Mountain developmen­t, including building a 1.6-mile road to the top, where $1.5 billion of homes and amenities are expected to be completed.

It’s understand­able Thornton doesn’t want potential buyers to be warded off by innuendo, and he does have a track record in the area.

His Jasper Highlands, a gated mountainto­p community with 1,300 or so lots, has been developed over the past decade nine miles to the west of River Gorge Ranch. It has attracted homebuyers from 48 states and eight countries, another Thunder Enterprise­s official said. When fully developed, it is expected to have 2,500 to 3,000 residents and bring nearly $700 million of new investment to Marion County.

And Thornton is a smart enough businessma­n to know that building a community on “Swiss cheese” property would result in lawsuits seeking damages that would far exceed whatever “damages and expenses,” “legal, consulting and other expenses” and “attorneys’ fees and all court costs” he could expect to extract from Kennedy and Blevins.

So we hope, instead, he will drop his lawsuit, lean on the assumed soundness of his geotechnic­al study and any other proof he can offer about the solid foundation for his developmen­t, and move forward with what over the next decade or so should be another economic boon for Marion County.

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