Nicely on the hot seat

TDOT Commissioner's videotaped deposition in Memphis case where he stands accused of contempt

Email | Print By Ken Whitehouse

Gerald Nicely, commissioner of the Tennessee Department of Transportation, already has seen his share of fireworks this year prior to this weekend's Independence Day celebrations.

The fireworks came in legal exchanges between his department and a Shelby County businessman over billboard permits in West Tennessee. While that may not sound like much, Nicely is now fighting contempt charges for not complying with the orders of a Memphis judge.

According to Shelby County Chancellor Walter L. Evans, there is substantial evidence showing that Memphis businessman William H. Thomas, Jr. was the subject of "selective and vindictive enforcement" over the awarding of permits for billboards.

The black eye for TDOT came in a ruling by Evans, where he states that former TDOT in-house counsel Cathy Caster directed department employees to "win" a matter for a business competitor of Thomas', Memphis businessman Randall Swaney, and "ultimately defeat" Thomas.

Caster was also found to have advised Swaney's attorneys on an earlier legal feud with Thomas. In that case, she pointed them to a venue that would likely be more favorable to Swaney.

So what does this have to do with Nicely? Well, he was ordered to issue permits to Thomas in this billboard battle and that hasn't happened. In his deposition, Nicely said he will not issue the permits until all of his legal options are exhausted and that TDOT counsel and the Tennessee Attorney General's Office will appeal the ruling. For that, Thomas' attorneys want Nicely rung up for contempt.

In arguments presented to the court, TDOT feels that the entire matter is not the jurisdiction of the Shelby County courts, but should instead be filed in Davidson County. According to Thomas' attorney, the case is well within the boundaries of Shelby County's jurisdiction because TDOT filed suit there against Thomas over the permit matter in the first place.

In short, it's the kind of complicated legal maneuvering that goes on every day.

For those who would like to watch, below is the video deposition of Nicely by Memphis attorney C. Barry Ward of Glankler Brown, PLLC. The deposition took place on June 4 in Jackson and was attended by Ward, Thomas, Assistant Attorney General George Boyte, Jr., paralegal Leigh Jones of the Real Property and Transportation Division of the state, and TDOT General Counsel John H. Reinbold, Sr.

We have also attached a transcript of the deposition for those who would like to sing along.

Part 1 of Nicely deposition

Part 2 of Nicely deposition