PDF: COMPLAINT COST BOND
A plan to set up a public park in a north Hixson subdivision won't keep a registered sex offender from trying to live there, according to the man's attorney.
"That won't stop him. That won't work," attorney John Cavett said. "You can't come back later and put a park nearby."
Mr. Cavett's client, Charles Hayes, who was convicted of capital sexual battery in 1998, according to the Tennessee Sexual Offender Registry, is suing Davidson Contractors LLC for what he is saying is a breach of contract.
In his lawsuit, Mr. Hayes says he gave Davidson a down payment of $27,500 on a house in the Sedman Hills subdivision, followed by about $16,000 for construction costs. Upon discovering his status as a sex offender, the builder declined to close the sale, according to the complaint filed last month in Hamilton County Chancery Court.
Tom Weldon, attorney for Davidson, said he would not comment on the case. In a written statement, Bell Development, the company that developed the subdivision, said it "will take all steps possible to prevent this sexual predator from endangering residents of its subdivisions."
"The sexual predator did not disclose his criminal history to the contractor at the time he sought to purchase the home," according to Bell's statement. "Instead, the predator publicized his status to his prospective neighbors."
Julian Bell of Bell Development said the builder found out about Mr. Hayes' status from those neighbors, who left the subdivision.
Mr. Cavett said his client had no responsibility to disclose his status to the builder but did so before signing the contract.
In remarks to the Hamilton County Commission last week, Mr. Bell said he believed the suit was a "shakedown" and that he had asked his company's attorneys to join the suit. He said Mr. Hayes was asking for $200,000 if he was not allowed to move into the house.
Mr. Cavett said his client's preference was to be allowed to buy the house, not the $200,000, which he said was discussed as a possible amount for monetary damages.
"Nobody's trying to hold up anybody," Mr. Cavett said.
WHAT THE LAW SAYSTennessee code says no registered sex offender "shall knowingly establish a primary or secondary residence or any other living accommodation" within 1,000 feet of a school, day care center, other child care facility, public park, playground, recreational center or public athletic field.
Mr. Bell asked commissioners to recognize a public park in the subdivision so that Mr. Hayes would have to find another place to live.
"We are asking your support to keep a predator out of a new subdivision," he said.
Commissioner Bill Hullander, chairman of the commission's Zoning Committee, said he would look into the matter.
Mr. Bell also told commissioners that he would put into the subdivision's covenants that no sex offenders could live on any available lot.
County Attorney Rheubin Taylor said he would not recommend developers exclude sex offenders in their covenants.
"The law says where a sexual offender can and cannot live," he said.