Thursday, November 15, 2012

No Sale for AMHOF?/Libel?

If you've read the TimesDaily today, you know the sale of the Alabama Music Hall of Fame in Tuscumbia has stalled--ostensibly due to problems with the title. At least that is what the buyer, part of the State secondary system, is claiming. Those affiliated with the HOF state there should be no problems with the title. So...are there?

The land the HOF sits on was donated by the city of Tuscumbia, but where did Tuscumbia get the land? Apparently from a donation by a private individual. The article doesn't state why the land was given to Tuscumbia originally. Was it for the HOF or some other purpose or was any purpose stated? Is the indivual(s) who donated the property still alive and willing to sign off on the sale if necessary?

We're going to guess there's a little more involved here than what has been reported. Whether this sale is a good deal for the State's secondary system or not, 40 acres is certainly more than the HOF needs. An outright sale of much of this land should keep the HOF in operation for decades, assuming a minimum of 10K or less in monthly expenses.

Surely some business seeking to expand in the area would be interested...or is this another boondoggle ala Yellow Creek, Lockheed, National Rail Car, and now Navistar?


Our recent "dog story" has brought some questions--namely can the man accused of assaulting a local woman's dog sue the woman for libel? Libel in Alabama requires three things: the published story must be untrue, the publisher(s) must know it's untrue, and the story must have caused the victim either monetary or social harm.

Since it would be hard to prove who actually attacked the dog, any suit for libel would be a crap shoot. Sad, but true. Similarly, the retired police officer-businessman accused of being a Peeping Tom would have a difficult time in proving her accusations untrue.

What the woman in question needs to remember is that she has accused other prominent citizens of things she knows are not true and can be proved so. Has a very prominent Shoals author published a pornographic book directed at and sold specifically for teen girls? The answer is no. Has a Shoals historian-businesswoman ever been arrested for forging the power of attorney of anyone? The answer is still no.

The woman in question is fond of saying, "It's just a matter of time." We feel that way also--just a matter of time until she steps over the line with someone who has the both the indignation and funds to invest in a lawsuit.


No comments:

Post a Comment