- [S142] Newspaper Article, The Mountain Press, 9 Jun 2000.
Court skirmish finally finishes
Jun 9 2000 12:00AM By PENNY BANDY Staff Writer
After a nearly 17-year court battle, a local family has won the right to hang onto its business assets.
The Court of Civil Appeals in Knoxville recently sided with Dwight W. Ogle, his sister and his mother against his former brother-in-law, Mack Brown.
In 1983, Brown accused the Ogles, in a civil lawsuit, of depriving him of his rights to the assets of the Toni Motel on the Parkway in Pigeon Forge.
After Brown divorced Ogle's sister, Bonnie, now known as Bonnie Ogle Clark, he was awarded a quarter interest, or 250 shares of stock. He cashed a check in March 1984 for $41,224 for that quarter interest.
The suit alleges that the Ogle family "entered into a conspiracy to deprive him of his rightful share in the assets of, and to eliminate his interest in," the motel, "by failing to record all the income received through the operation of the motel."
The appeals court remanded the case back to Sevier County Chancery Court, where it originated and ordered that Brown pay court costs.
Other defendants in the suit were Dwight and Bonnie's parents, Arlie and Ailene Ogle. Arlie Ogle died in 1991. Ailene Ogle owns the motel. She leased it to Bonnie and Dwight Ogle in the late 1970s.
The appeals court opinion says, "The relationship between the parties was very tumultuous to say the least."
Brown's accusations led to an Internal Revenue Service investigation and criminal charges, of which all the defendants were acquitted.
The only court left for Brown to appeal to is the Tennessee Supreme Court. Brown has until mid-July to file an appeal with that court. His attorney, Carl Eshbaugh of Knoxville, didn't return a phone message Tuesday inquiring about if such an appeal will be filed.
Ogle's attorney, Wayne Ritchie, also of Knoxville, said, "Obviously, the Ogles are pleased with the Court of Appeals decision and believe it was a just result. The family would hope that the court's decision will end this unfortunate litigation."
The appeals court opinion says Brown reported that his ex-wife and Dwight Ogle weren't reporting all their income, or paying the appropriate income tax.
During the pending civil case against Ogle, "substantial material, valuable and relevant records of the parties have been misplaced, lost and/or destroyed due to the lack of diligence on the part of the Plaintiff in pursuing his cause of action raised in this case," the opinion says.
Further, it says some records were left with Brown's former counsel and Brown "has not, of record, made any effort of any kind or character whatsoever to ascertain whether these records still exist." Brown also hasn't released any evidence until the last several months of the litigation. "As a direct and proximate result of this neglect, memories have dulled and many details of the questioned transactions have been lost forever."
ŠThe Mountain Press 2000
- [S74] Atchley Funeral Home Records, Volume IV, 1987-1999, Larry D. Fox, (Smoky Mountain Historical Society), 28 Dec 1991.
Ogle, Arlie Walter 84 b. 9-30-07 Sev d. 12-28-91 DOA SMC founder of Best Western Plaza & Toni Motel in P-Forge f. Tom m. Ida Huskey educa 8 SMMG Survivors: wife Aileen Rudd Pickel Rd & PO Box 926 P-Forge 2 dau Bonnie & Jerry Clark Ruby & Johnnie Newman 1 son Dwight 6 gc 8 ggc 3 sis Beulah Watson Pearl McCarter Georgia Trentham mem 1st Bapt P-Forge.
Arlie Walter Ogle obituary
- [S58] Marriage Certificate.
OGLE, ARLIE RUDD, ALENE 1932-04-02