CLARKSVILLE, TN (CLARKSVILLE NOW) – A Montgomery County judge ruled that the City of Clarksville’s takeover of the Ajax Turner Senior Center operations was a form of “self-help,” which is strictly prohibited in the State of Tennessee, according to a transcript of the court actions obtained by Clarksville Now.

The court then issued a temporary injunction maintaining the status quo to the Ajax Turner Senior Center, “if they can operate at all.”

The ruling comes after months of debate, with most recently a temporary retaining order being filed and granted against the City of Clarksville; among other parties, including Mayor Joe Pitts and four former Senior Citizens Board members.

‘They just took action to effectively shut the center down’

Chancellor Kimberly Lund said as a result of the nonprofit’s lease being terminated in March, “landlord-tenant laws kicked in, but in the meantime, possibly even before that March letter was sent, but definitely right after, it appears to the court that the City began a course of interference with the operation of the center. The board members appointed by the City stopped acting on behalf of the center. The City started securing funding and licensing against the center, specifically tied to the very location where the center was operating out of.

“They didn’t wait until the landlord-tenant issues were resolved. They just took action to effectively shut the center down with competing interests,” Lund said. “Rather than seeking eviction, someone thought it was wise to act in contradiction to the center, all while pretending that it might not be in the best interest of the City to operate a senior citizen center. So, the competing licensing, competing funding, both at the center’s address, the employees that were tied to licensing, which were subsequently fired in what could have been a closed meeting by city appointees who had already stopped working for the center, caused great concern to this court.

“The Court views this as a form self-help, which is strictly prohibited in Tennessee. Ajax Turner Center was entitled not to be dispossessed until appropriate court proceedings and process occurred. Instead they backdoored their way into this.”

Judge: Interference designed to push nonprofit out

Lund said the repeated interference with business operations was designed to get the center to close its doors and push the nonprofit out.

“And the idea that the city withheld funding may be an issue for today, maybe not, but the idea that they withheld funding because compliance was not being met is sort of tongue-in-cheek because they were preventing compliance from occurring,” Lund said. “Therefore, the court will issue a temporary injunction maintaining the status quo to the Ajax Turner Senior Center, if they can operate at all. The City is to cease and desist interference with that, and that includes any licensing and outside funding.

“I feel confident that there will be a landlord-tenant action forthcoming, but that’s an issue for another day.”

Clarksville Now has reached out to Ajax Turner Senior Center attorney Pete Olson and the City of Clarksville for comment.

Four elements in considering temporary injunction

Lund said she recognized this is an emotionally charged issue for both sides. She said when the court reviews a temporary restraining order, there are four elements that the court must consider.

“The first of those is the threat of irreparable harm if not granted. The court finds that the displacement of approximately 1,400 seniors in the community coupled with the dissipation of assets is certainly a significant irreparable harm. This is a 501(c)3 that has impending dissipation of assets. It’s not merely speculative. It’s real, and it can’t be remedied at a final judgment. The funding outside of the City, as well as the licensing, has been impacted, and that’s a day-to-day impact. The court finds that the witnesses that came in here today were credible, and this is absolutely a threat to irreparable harm.”

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Lund also said the court has to look at the balance between the harm and the injury that granting the injunction would inflict on the defendant, or the City of Clarksville in this case.

“In this matter there currently is no proof of harm to the City. This wasn’t a lucrative renting situation. It was a dollar a year that the City was earning from this lease. They’ve quite possibly already pulled funding, so there’s no harm that has been shown to the City if the court issues a temporary injunction.”

Lund said with looking at public interest, “there’s a specific population in this community that was served by the center, not only everyday senior citizens but some of the most vulnerable senior citizens in that group. The community has a significant interest in caring for the aging population, not to mention the fact that this is a 501(c)3, which adds another level of public interest.

“And clearly the volume of individuals that have shown up today and sat through this very lengthy hearing shows that there is an interest by the citizens of Montgomery County. So the court does find there is a public interest in this issue.”

Lund considered the probability the plaintiff will succeed on the merits before ruling in favor of the issuance of a temporary injunction.

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