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Editorial Results (free)

1. Graceland Campus Financing Relies on Tight Boundaries -

When Elvis Presley Enterprises breaks ground next week on the $75 million, 450-room hotel-resort it will build north of Graceland mansion, it will be the beginning of crossing something off the company’s wish list since Elvis Presley’s mansion opened for tours in the early 1980s.

2. Discriminate at the Ballot Box -

DISCRIMINATING TASTE. By all means, discriminate. Refuse to accept some prepackaged deal as the best you can do, some label to be the quality test. In the known, look for proven performance from each individual offering, standing alone, not just part of some group menu. In the unknown, demand fresh and bold, the promise of new and interesting interpretations from old and predictable ingredients.

3. Health Choice Selects Abisch to Lead Population Health Services -

Ellen Abisch has joined Health Choice LLC as senior director of population health services. In the newly created position, Abisch will be responsible for designing, implementing and managing population health and wellness programs for the Health Choice network.
Prior to joining the physician hospital organization, she served as manager of benefits and wellness for ServiceMaster.

4. Cannon Works for Golf Tournament's Success -

The putter and a few white golf balls sit next to a wall in Phil Cannon’s office at TPC Southwind. It seems logical, the long-time director of the FedEx St. Jude Classic having golf equipment within easy reach.

5. Council Unhappy With Budget Plans So Far -

The administration of Memphis Mayor A C Wharton Jr. got a rough reception at the Tuesday, April 1, Memphis City Council session as it set the stage for Wharton’s budget proposal to come in two weeks.

6. Tigers Don't Feel Like 'Cinderella' vs. 1 Seed Virginia -

RALEIGH, N.C. – The pressure valve that at times seems to control life for the Memphis Tigers had opened in the form of a 71-66 victory over George Washington in the NCAA Tournament’s round of 64.

7. Shelby County Party Heads Look Ahead to Primaries -

As Shelby County Democrats try to improve on losing every countywide office to Republicans in the 2010 county elections, party leaders are also warning political figures who identify as Democrats not to cross party lines.

8. Council Rethinking Streetlight Fee -

Memphis City Council members are rethinking the streetlight fee Memphis Light, Gas and Water Division has been charging.

The monthly fee has several different rates for homeowners, renters, small commercial property owners and large commercial property owners.

9. Breaking Through -

If it was just an abstraction or a mere theory, it wouldn’t have a definition in the dictionary or a website. It would simply be another urban myth.

But with a few keystrokes you can go right to www.glassceiling.com. And the dictionary definition of “glass ceiling” is tangible – “an unfair system or set of attitudes that prevents some people (such as women or people of a certain race) from getting the most powerful jobs.” In fact, you can almost see a woman stuck in middle management, briefcase in hand, staring up at that glass ceiling and wondering: Where do I find the ladder that gets me from here to there?

10. Council Rethinking Streetlight Fee -

Memphis City Council members are rethinking the streetlight fee Memphis Light, Gas and Water Division has been charging.

The monthly fee has several different rates for homeowners, renters, small commercial property owners and large commercial property owners.

11. County Primary Filing Deadline Arrives -

A couple of days before the filing deadline for candidates in the May county primaries, it looked like a political season with lots of action at the deadline itself.

The deadline is noon Thursday, Feb. 20, with another week for any candidates who meet that deadline to withdraw if they wish.

12. Destination: Memphis -

On a slow Sunday afternoon Downtown with the Broncos and Chargers NFL playoff game on a bar TV screen, a trio of 20-somethings – two men and one woman – watched the game, speculated about whether the Grizzlies were playing a few blocks away and quizzed one another about their plans for the future.

13. Business Leaders Optimistic About Local Economy -

As they have for a few quarters now, Memphis-area business leaders continue to acknowledge an incremental sense of optimism about specific aspects of their companies and the economy, according to the results of the third Memphis Economic Indicator.

14. City Council Talks Rules and Elections -

Memphis City Council members could vote in two weeks on a resolution expressing “no confidence” in Shelby County Elections Administrator Richard Holden.

15. City Council Talks Rules and Elections -

Memphis City Council members could vote in two weeks on a resolution expressing “no confidence” in Shelby County Elections Administrator Richard Holden.

16. Shelton Returns Home After Traveling Globe -

Before settling in for a career in law, Jack Shelton, an associate with Harris Shelton Hanover Walsh PLLC, needed to quench his thirst for travel.

17. Hollywood Poised for Best-Ever Box-Office Year -

LOS ANGELES (AP) – Despite a string of summertime flops, Hollywood is expected to have a banner year at the domestic box office, coming in just shy of $11 billion, the largest annual take ever. But because of higher ticket prices, actual attendance at North American theaters remained flat after a decade of decline.

18. Archer-Malmo Announces Hires and Promotions -

Memphis-based marketing communications agency archer-malmo has made several hires and promotions across its account service, digital, public relations and media teams.

Beverly Mattingly has been promoted to senior vice president, group account director. She’s joining the management team and will report directly to archer-malmo CEO Russ Williams.

19. City Council Questions Pension Plan -

Memphis Mayor A C Wharton Jr. plans to ask the Memphis City Council sometime in February or March to close the city’s defined benefits pension plan to new hires and those city employees with less than 10 years of service.

20. Archer-Malmo Announces Hires and Promotions -

Memphis-based marketing communications agency archer-malmo has made several hires and promotions across its account service, digital, public relations and media teams.

Beverly Mattingly has been promoted to senior vice president, group account director. She’s joining the management team and will report directly to archer-malmo CEO Russ Williams.

21. Crosstown Effort Shines as Development Example -

Construction documents for the $180 million revitalization of the Crosstown building were scheduled to be finished Friday, Dec. 6, with the project moving toward closing and construction in the next months.

22. Chisley Named CEO of Methodist North Hospital -

Gyasi C. Chisley has joined Methodist North Hospital as CEO. In his new role, Chisley will lead thousands of associates and aligned and contracted medical staff. He says that as health care transitions from volume to value, his platform is to grow outpatient practices, physicians and services while creating a viable patient-centered environment.

23. Next Step for Harris is Consulting Venture -

After stints as a digital media coordinator and technical writer for a handful of companies, Nicole Harris has decided to launch a digital media consulting business to pursue the work she loves full time – while also filling a need she keeps seeing go unaddressed.

24. Cousins Join Forces as Rosenblum & Reisman Law Firm -

As the law firm of Rosenblum & Reisman celebrates its 15th year in business, it is with the knowledge and a sense of accomplishment that clients have been treated with the utmost respect, and that fellow lawyers and staff are treated as family. Indeed, the principals, Jeff Rosenblum and Marc Reisman, are first cousins.

25. Council Grapples With Attrition Plan Reality -

Every version of a city budget the Memphis City Council and Mayor A C Wharton Jr. considered in June included a plan to lose 300 city employees through attrition for long-term savings toward meeting rising future debt obligations.

26. ‘Back to Life’ -

Memphis resident Geraldine Harris has been shopping at the Habitat for Humanity of Greater Memphis ReStore since it opened two years ago, finding discount prices and unique items she couldn’t locate anywhere else.

27. Council to Tackle Budget Leftovers -

Meeting for a third consecutive Tuesday, Memphis City Council members take up a few budget leftovers Tuesday, July 2, but also get to some items delayed because of the unusual budget deliberations.

28. Second Round Council Budget Plans Emerge -

Memphis City Council chairman Edmund Ford Jr. and council members Harold Collins and Lee Harris will have plans for the full council to consider when the body meets Tuesday, June 25, in special session.

29. Luttrell: City Has Year Left for Auto Inspections -

The city of Memphis has a contract with the state of Tennessee and the Environmental Protection Agency to perform auto emissions testing through the next fiscal year, according to Shelby County Mayor Mark Luttrell.

30. Property Tax Complicates Sales Tax Considerations -

Whether it is a tax hike or a tax rate hike, Memphis Mayor A C Wharton Jr.’s proposed 28-cent increase in the city property tax rate has complicated the idea of a half-percent city sales tax hike to go on the ballot later this year if the property tax hike sticks.

31. Test Drive -

When car sharing meets the parking and driving practices of Memphians on the streets of Downtown, the encounter could go so many ways between bad and good.

So when Zipcar parked four cars in four on-street parking spaces Downtown last month, there were a lot of questions first about how car sharing works but also about whether the national trend would apply to a city with a unique driving culture.

32. Severance Pay Ups Ante in Auto Inspections Stand-Off -

Some on the Memphis City Council weren’t certain Tuesday, April 16, about going ahead with a severance package for the city employees who now work at city-run auto inspection stations.

The council entered the budget season for the new fiscal year that begins July 1 just minutes earlier with Memphis Mayor A C Wharton Jr.’s budget address.

33. Safeways Crime Program Goes for Long Haul -

When Pierce Ledbetter, the CEO of LEDIC Management, signed up his company’s Autumn Ridge apartment complex for the federally funded Safeways anti-crime initiative in 2009, he was nervous.

And his apprehension was soon borne out as residents in the crime-ridden apartment complex reacted to the new regime of police cameras and stricter regulations on trespassers and unannounced visitors.

34. Malone Meets Challenges Head On at Helm of Carter Malone Group -

Deidre Malone describes the day she resigned from her 10-year tenure as a marketing executive with ALSAC/St. Jude Children’s Research Hospital as the day she “walked out on faith.”

35. Ticket Rush: Film Fans Hand Hollywood Record Cash -

LOS ANGELES (AP) – The big deal for Hollywood is not the record $10.8 billion that studios took in domestically in 2012. It's the fact that the number of tickets sold went up for the first time in three years.

36. Is Going Green Worth It? -

Ray’s Take No matter what your position on global warming, going green and using fewer natural resources still makes sense. Why not preserve as much quality of the air, water, and earth as possible for our grandchildren? It’s another form of saving for the future. Plus, a lot of times it can save you money as well.

37. Wells Fargo Survey: Retirement Picture Looks Grim -

If a Wells Fargo & Co. survey is any indication, there’s no way to sugarcoat it: The retirement years look bleak for a large swath of the U.S. population. Take the fact that, according to the survey, more than one-third of respondents might find themselves living close to poverty in their golden years. Those 34 percent expect their retirement income to be half of their current income.

38. Ciaramitaro Joins Grace-St. Luke’s as School Counselor -

Licensed clinical social worker Courtney Ciaramitaro has joined Grace-St. Luke’s Episcopal School as school counselor. She will work primarily with middle school students.

Hometown: Memphis

39. Funding Approved for Felon Program -

Memphis Mayor A C Wharton Jr.’s administration is retooling the city’s “Second Chance” program for felons just released from prison to become a joint city-county program with funding from the state.

40. Live in Memphis -

Memphis’ “Live at the Garden” summer concert series may soon have a permanent stage structure to call home.

One more place, among many in Memphis, to enjoy the sound of music.

41. Council Lowers Property Tax Rate, Approves $609M Budget -

Memphis City Council members approved a $3.11 city property tax rate Tuesday, June 5, to fund a city operating budget of $609,802,357 and Memphis City Schools to the tune of $64,819,307.

The split council vote came nearly 14 hours after the council’s day started at City Hall with a budget committee session in which the basic elements of the ultimate budget compromise were mapped out before noon.

42. Harris Named Payroll Specialist At New Patrick Payroll Div. -

Tammy Harris has been named the payroll specialist at Patrick Payroll, a newly branded division of the certified public accounting firm Patrick Accounting and Tax Services PLLC. Patrick Payroll is housed in Patrick Accounting’s office in Germantown.

43. Clearing Blockage -

The block of Madison Avenue between Main and Second streets hasn’t been easy for quite a while.

It’s where the Main Street Trolley makes the turn to its Madison Avenue leg. It’s also where the trolleys sit idle for long periods of time seemingly unaware that they coexist with auto traffic. Residents of the Exchange Building who don’t have paid parking routinely park there instead, sometimes despite numerous tickets.

44. UPDATE: Jury Hears Recording of Hit Man Talking With Petties Target -

Big drug dealers don’t count the money as soon as they make a drug deal. They wait until they leave the exchange to count it.

That was among the details offered Tuesday, Feb. 14, in the full-day of testimony by Orlando Pride, a long time member of the violent multi-state drug organization headed by Craig Petties.

45. Just Keep Reading -

Last July I wrote of Robert Harris’ “Imperium” and “Conspirata,” novels about the life of Cicero. The third of Harris’ trilogy on the Roman lawyer and consul is slated for release this year.

46. Shelby County DA Race Taking Shape -

With a month to the Dec. 8 filing deadline for the March 6 presidential and Shelby County primary elections, the coming race for Shelby County district attorney general is beginning to show signs of life. That is as voters in one part of Memphis prepare to decide the last election of 2011 this week.

47. City Passes New Wrecker Rules -

Memphis City Council member Harold Collins says he has become “the wrecker city councilman” – the council member who garners the lion’s share of complaints about rogue tow truck operators and complaints from tow truck operators.

48. Trinity Place Sells For Third Time In Five Years -

A Cordova retail center is under new ownership for the third time in five years. Atlanta-based Altus Real Estate Advisors LLC has purchased Trinity Place, 7990 Trinity Road, for $2.8 million.

49. Helping People Drives Campbell to Law Success -

After growing up in some of the poorest neighborhoods in Memphis, Christopher Campbell now works as a partner for Harris Shelton Hanover Walsh PLLC, one of the most respected law firms in the region.

50. Nasty Customers Should Make You Smile -

Poor service seems to always be on our radar, but what about poor customer behavior? I had a chance to watch that during a recent trip to Macy’s.

I was being helped at the checkout desk when a customer approached sales associate Emadeline Harris with an exchange. There are many ways I could describe the customer’s attitude, but let’s just say she had a chip on her shoulder and was on the offense. I tried to concentrate on my own transaction, but I was mesmerized by her loud and attacking manner. She all but accused Ms. Harris of trying to cheat her. I wish I had thought to use my video phone to record the event; it would make an awesome training video.

51. Shelby County Court Filings See Sharp Dropoff From Q2 -

Court filings in Circuit, Chancery and Probate Courts for the third quarter of 2010 were relatively unchanged from the same quarter of 2009 and down significantly from the second quarter of this year

52. Beale Street Chaos -

Four months after Memphis Mayor A C Wharton Jr. announced the city was settling a Chancery Court fight over control of Beale Street with Performa Entertainment Real Estate Inc., Performa is in control of the daily business of the entertainment district.

53. Hospital Liens Top Court Activity -

The business of Shelby County’s civil courts saw some changes in the second quarter of 2010.

Divorces with and without children, normally the dominant category of cases filed in the nine divisions of Circuit Court, took a back seat to hospital liens.

54. Suspension Higlights Immigration Advocacy Issues -

When the Tennessee Supreme Court took up the appeal by a Memphis attorney of his one-year disciplinary suspension, the five judges also ventured into an area some federal judges have expressed concern about.

55. Performa Files Bankruptcy After Settlement -

The same day a settlement was announced between the city of Memphis and Performa Entertainment, Performa filed for chapter 11 bankruptcy reorganization, according to The Daily News Online (www.memphisdailynews.com).

56. City and Performa Settle Beale Street Lawsuit -

The city of Memphis and Performa, the company that developed and manages Beale Street, have reached an out of court settlement of an 11 year old lawsuit over the cash flow from the entertainment district.

The settlement’s bottom line is a long talked about exit for Performa and the company's CEO John Elkington, the developer and manager of the district since in opened in October 1983.

Memphis Mayor A C Wharton Jr. announced the settlement Monday afternoon, the day before the matter is scheduled to go to trial before Special Chancellor Don Harris.

There was still no settlement as of late Monday afternoon with Beale Street Development Corporation, the third party in the lawsuit and the middleman between the city, which owns Beale Street, and Performa, which runs and developed Beale Street under a 52 year contract starting in 1982.

Performa is no longer the manager-developer of the district once its settlement with the city is signed which is expected to happen this week.

Elkington told The Daily News he is preparing for a 90 day wrap up of Performa's involvement. "If it takes 30 days -- fine," he added.

Wharton told reporters no money will be exchanged between Performa and the city of Memphis as part of the settlement.

But $420,000 in legal bills Elkington has from the dispute will be paid by the Beale Street Merchants Association in the form of rent credits the city will give to businesses on the street, according to Elkington.

Performa will also get any commissions due under the contract for collecting rent from the businesses on the street and common area maintenance (CAM) fees. 

The day to day finances of the street are already being handled by attorney John Ryder, a receiver appointed by Harris last year.

Wharton will appoint a group this week to advise his administration on ideas for future management of the district. Wharton said there would be “no limits” on the ideas and that the goal is a “business model that can be sustained.”

That could include a new management firm. Elkington had talked about letting business owners renting on the street buy their properties. Wharton said he was hesitant to be specific about options the group might present.

That included talks between the city and The Cordish Companies of Baltimore about a plan to run the district during Willie Herenton’s tenure as mayor. The effort was referred to in emails Performa’s attorneys got from the city during the discovery process of the lawsuit.

Whatever future direction the city might chart for the district, leases the businesses have would remain in effect until they expire or unless there is a willingness on all sides to talk new terms.

Because of the leases any new plan for managing the district is unlikely to have an immediate effect on the street as tourists and Memphians experience it on a daily and nightly basis.

The district is 98 percent leased with 38 businesses and offices by Elkington's count.

"No one can say it's not successful as I leave," he told The Daily News. "We've done the best we could. We got it done."

Wharton said the city owes Elkington "a debt of gratitude" despite the hard feelings on both sides from the last years of the legal dispute.

"Pioneers always get bloodied," Wharton said of Elkington.

...

57. Beale Street Settlement Preferable, Wharton Says -

For the third time in a year a Memphis mayor has said settling the legal dispute over Beale Street’s cash flow is a priority.

But there are still signs the dispute won’t be settled easily.

Memphis Mayor A C Wharton Jr. told the Memphis Rotary Club last week that he wants the Shelby County Chancery Court lawsuit settled this year.

58. Mozart Mixes With 'Carol Burnett Moments' In Opera Memphis Show -

Opera is one of the grander forms of high art, but on occasion, it’s just what some might call silly. The director of Opera Memphis’ season opener said to expect pure comedy from the company’s production of a Mozart classic.

59. U of M Names Murrell Assistant Dean of Distance Education -

Dr. Vicki Murrell has been named assistant dean of distance education for the University of Memphis.

60. Beale Street Report Overshadowed by Wilkins Flap - The handing over of the case files is still being worked out. So is a motion for a change of counsel. And the final invoice from attorney Ricky E. Wilkins for his work on the Chancery Court case involving the Beale Street Entertainment District is yet to come.

The decision by Memphis Mayor Pro Tem Myron Lowery to replace Wilkins comes at a crucial time in the long-running case.

Special Chancellor Don Harris is about to unseal a report on the entertainment district that has already been partially leaked. The report from Philadelphia accounting firm Parente Randolph was being prepared for release late last week as Wilkins and Lowery began a testy e-mail exchange that ended with Lowery firing Wilkins earlier this week.

For the past year or so of former Mayor Willie Herenton’s tenure, the city, represented by Wilkins, was zealously pursuing an accounting of money from Beale Street since 2002.

Money pit

The money is supposed to flow from the nightclubs on Beale Street to management company Performa Entertainment to the Beale Street Development Corp. and finally to the city. The money hasn’t flowed to the city at all, even though the city owns the district. On that, all sides agree.

The BSDC is the nonprofit board that holds the lease from the city, and Performa has a contract to run, manage and develop Beale Street with the BSDC.

Performa CEO John Elkington contends the district wasn’t profitable for a long time after its dedication in late 1983. Elkington said he and Performa put their own money into it. Under his contract, Elkington said he can and should recoup the money when the district turns a profit.

Wilkins contended in court that Performa mingled the Beale Street money with Performa ventures in other cities. It’s an allegation Elkington has adamantly denied.

“That’s nowhere in the report,” Elkington said in his only positive reference to the Parente Randolph findings.

Advocacy wars

The report by Paul Pocalyko, a principal of the accounting and consulting firm, concluded Performa owed the city of Memphis more than $6 million in profits from the district.

Press reports of Pocalyko’s multimillion-dollar bottom line had the political effect of stalling plans by Lowery to settle the lawsuit and fire City Attorney Elbert Jefferson.

“My overall goal is to save the taxpayers money,” Lowery said this week, denying that he is trying to “squash” the accounting of profits from the district. “If this case can be settled, I want it settled. If it must go to court, then it will go to court. But the overall goal is to improve the efficiency of this city.”

Elkington has been Beale Street’s developer since the district between Second and Fourth streets reopened 25 years ago.

“They spent $500,000 on an audit that is not an audit,” he said.

Elkington recently hired attorney John C. Speer, a member of Bass, Berry & Sims PLC, to represent Performa.

Speer wouldn’t comment on the content of the Pocalyko report.

But he said, in general, the report mistakenly counted revenue, to the tune of millions of dollars, as due the city.

“That document is not an audit. It’s an opinion,” Speer said. “We are disappointed that it wasn’t an audit because we think an audit would have a credibility that would have supported the conclusion we have that there’s not any money owed to the city.”

Earlier this week, Speer was awaiting his own full copy of the report and both sides were still arguing about what would be redacted from it.

“The conclusions and opinions in there are not supported by fact,” Speer said. “They are opinions that are designed to support the position taken by the city’s attorney.”

That included approximately $2 million merchants made from selling wristbands over the seven-year period starting in 2002. The wristband sales allow patrons to get in several clubs for one cover charge.

“That money never goes to us. That’s $2.1 million,” Elkington told The Daily News. “So a third of what they are alleging went to the merchants.”

Another $900,000 was disallowed because it was a credit some tenants were given on their rent after they made property improvements. But Performa claims it has a 1991 letter with then-city chief administrative officer Greg Duckett approving the credit arrangement.

“What they’re trying to do is rewrite the lease,” Elkington said. “We’ve always said, ‘If we owe some money, we’ll pay it.’ … Right now, this is stuff that is conjecture.”

‘Black hole’

Lowery has said one of his first actions on taking office was to direct city Chief Administrative Officer Jack Sammons to find a way to settle the Beale Street lawsuit.

A settlement had been one of three priorities – along with a Mid-South Fairgrounds redevelopment contract and an agreement for Bass Pro Shops to develop The Pyramid – Herenton had set for his final weeks in office but never achieved.

Lowery had the same goal for his tenure, which lasts until the special election on Oct. 15 if he doesn’t win the right to fill out Herenton’s term.

Lowery’s immediate concern was millions of dollars the city was paying outside attorneys to pursue litigation. That concern was why Lowery tried to fire Jefferson within minutes of taking the oath of office on July 31. He held Jefferson responsible for what he termed a “black hole” of legal expenses approved on Jefferson’s watch as city attorney.

Lowery mentioned prominently the $35,000 a month to Wilkins and his law firm for work on the Beale Street case.

...

61. Why the Struggle to Control Beale Street Continues -

Eight blocks lie between the Shelby County Courthouse and Beale Street.

The courthouse’s seated representations of wisdom, justice, liberty and authority look southward toward the entertainment district. Sometimes, if the wind is blowing in the right direction, you can hear the band in Handy Park from the courthouse steps.

62. Elkington Considers Selling Performa For $1 -

Beale Street developer John Elkington has considered selling his Performa Entertainment Co. to a group of Beale Street merchants for $1.

63. Beale Street Case Transferred To Different Judge -

One of three separate Chancery Court cases involving control of the Beale Street Entertainment District has been transferred to the special judge handling the largest and oldest case.

Chancellor Arnold Goldin Thursday ordered the transfer of the case in which Performa Entertainment sued the city of Memphis over the city’s attempt to declare Performa in default of its lease on Handy Park. The city sent notice in December it was canceling the 10-year lease as Performa tried to renew it for another 10 years.

64. Receiver Tapped To Oversee Beale Street Saga -

The new receiver for the Beale Street Entertainment District will oversee an entity with shifting alliances, more than two sides to every story and thousands of pages of records involving hundreds of thousands of dollars.

65. Ryder Is Beale Street Receiver -  

Attorney John Ryder has been appointed receiver for the Beale Street entertainment district.

Special Chancellor Don Harris appointed Ryder at the end of a day long hearing Wednesday on multiple motions in a lawsuit in which the city of Memphis is seeking access to records from Performa Entertainment, the manager of the district. The city is performing a forensic audit. In two other Beale Street lawsuits, Performa and the Beale Street Merchants Association claim the audit is a front to wrest control of the district from Performa.

The appointment of the receiver was moved by John Candy, attorney for the Beale Street Development Corporation, another party in the lawsuit and the middleman between the city of Memphis, which owns the district, and Performa, which manages the district.

Performa will continue to manage the street, but Ryder will pay the company its monthly 10.5 percent management fee as well as other percentages that are part of its contract. He will also make payroll for Performa employees working in the district. Harris specified that Performa employees in other cities or on other properties could not be paid with the rent collected from tenants.Performa will not be reimbursed for any prior expenses until they are reviewed by the court through the receiver. Any expenses effective with the court order appointing Ryder will be paid by Ryder. There will be no additional fees which is one of numerous issues in dispute in the lawsuit.

“Several months ago, I said I was dedicated to full discovery,” Harris, of Franklin, Tennessee said just before setting the terms for the receivership. Months later, not all of the documents had been turned over according to attorney for the city and the BSDC – a point Performa disputes.

“This is one of the things that concerns me most,” Harris said. “I have an obligation to protect not only the parties in the case, but the taxpayers of Memphis.”

Revenue beyond fees and expenses is supposed to go to the city through the BSDC.

Earlier in the hearing, Harris also granted a motion to bar Performa from paying its attorneys in the case with money earned through the contract it has with the BSDC to manage the district. The motion specifically bars Performa from expensing the legal fees against the gross rental income it gets from the district’s tenant.

“We do not intend to hobble the defense,” said Michael Fletcher, an attorney for the city. “We just do not believe we should finance the defense.”

Performa CEO John Elkington conferred with his attorney, Richard Carter, after Harris set out the terms for the receivership. Elkington attempted to address the court, but was denied by Harris.

“He’s had an opportunity,” Harris said. “He’s drug it out.”

Later, Elkington told The Daily News he welcomed the appointment of Ryder.

“We’re happy,” he said. “It will add some sanity to this situation. All we’ve done is made (Beale Street) a very successful place.”

Read more in Friday’s edition of The Daily News.

...

66. Receiver Appointed For Beale Street District -

Attorney John Ryder has been appointed receiver for the Beale Street entertainment district.

Special Chancellor Don Harris appointed Ryder at the end of a day long hearing on multiple motions in a lawsuit in which the city of Memphis is seeking access to records from Performa Entertainment, the manager of the district. The city is performing a forensic audit. In two other Beale Street lawsuits, Performa and the Beale Street Merchants Association claim the audit is a front to wrest control of the district from Performa.

67. Beale St. Merchants Take City to Court -

The Beale Street Merchants Association has joined the thickening legal fray over the finances of the entertainment district.

The association filed a lawsuit Wednesday in Chancery Court against the city of Memphis, according to The Daily News Online, www.memphisdailynews.com. It came as the city’s attorney accused the district’s manager, Performa Entertainment, of “hiding behind” a protective order in another lawsuit.

68. Beale St. Merchants Take City to Court -

The Beale Street Merchants Association has joined the thickening legal fray over the finances of the entertainment district.

The association filed a lawsuit Wednesday in Chancery Court against the city of Memphis, according to The Daily News Online, www.memphisdailynews.com. It came as the city’s attorney accused the district’s manager, Performa Entertainment, of “hiding behind” a protective order in another lawsuit.

69. Addington Joins Memphis Heart Clinic -

Dr. M. Brent Addington has joined Memphis Heart Clinic. Addington is board certified in internal medicine, cardiovascular disease and interventional cardiology. A native of Memphis, he has been in private practice for more than 20 years in the Memphis community.

70. St. Mary's to Mark Anniversary With Glimpses at Past -

Sister Constance, the headmistress of St. Mary's School for Girls, was one of the many Catholic sisters who remained in Memphis during the summer of 1878 when the yellow fever epidemic broke out, according to the book "The American Plague."

71. Harmon Receives Pro Bono Award -

Whitney Harmon, an attorney at Glankler Brown PLLC, has received the first Frank J. Glankler Jr. Pro Bono Award.

Glankler Brown committed this year to taking a minimum of 35 pro bono cases each year from Memphis Area Legal Services, an organization that provides legal assistance for people unable to afford representation. Harmon practices in the area of civil litigation and is a member of the American, Tennessee, Kentucky and Memphis Bar Associations, as well as the Association for Women Attorneys.

72. Frey Named Alpha Eta Society National President -

Dr. William R. Frey recently was selected as the national president of the Alpha Eta Society, the largest scholastic honor for allied health professionals. The organization has more than 60 chapters throughout the U.S.

73. Ronald McDonald HouseNames Board Members -      The Ronald McDonald House of Memphis announced Wednesday its new board of directors.
     Sandra McQuain has been named president, Allison Tweel Gilbert was named vice president, John E. Kim

74. Gerard Appointed Administrator at Methodist Cancer Center -

Dr. Dava F. Gerard has been appointed administrator for the Methodist Healthcare Cancer Center. She previously was the founding vice president and chief operating officer of the Nevada Cancer Institute in Las Vegas.

75. Feibelman Honored by American College of Trial Lawyers -

Jef Feibelman has become a Fellow of the American College of Trial Lawyers. Feibelman is an attorney with Burch, Porter & Johnson PLLC. He received his undergraduate and law degrees from Yale University.

76. Commercial Advisors' Jensen Voted Commercial Broker of the Year -

Larry Jensen has received the 2005 Pinnacle Award for Commercial Broker of the Year from the Memphis Area Association of Realtors' Commercial Council. Jensen is president and CEO of Commercial Advisors LLC. He has more than 30 years of experience in real estate.

77. Estate Planning Council Elects Officers -

The Memphis Estate Planning Council announced the following officers for 2005-2006: David B. Jones, president; Frank E. Davis, vice president; Jeffrey E. Thompson, secretary; James L. Ferguson Jr., treasurer; and Mike Wood, immediate past president. Other executive committee members are Kermit B. Kaiser, Leanne W. McCullough, Samuel N. Graham and Teresa R. Hurst.

78. Archived Article: Calendar - Calendar of events Feb. 3-9

Calendar of events Feb. 3-9

Feb. 3

The University of Memphis presents the Suzuki String program at 6 p.m. in Harris Concert Hall in the music building. Admission is free. Call 678-2541 for more information. Missi...

79. Archived Article: Law Briefs - Seven attorneys from the Memphis-based law firm Harris, Shelton, Dunlap, Cobb & Ryder were included in the ninth edition of T Seven attorneys from the Memphis-based law firm Harris, Shelton, Dunlap, Cobb & Ryder were included in the ninth ed...

80. Archived Article: Real Briefs - Memphis-based Crye-Leike, Realtors, the nations 10th largest real estate firm, reported $826 Memphis-based Crye-Leike, Realtors, the nations 10th largest real estate firm, reported $826.6 million in sales during the second quarter, an increase of 3....

81. Archived Article: Memos - Dottie Ray, director of practice at Don Stewart & Associates, passed the U Kim Lazarov joined the staff of Archer Malmo Direct as client services coordinator. She joined the firm as part of the internship program. She received a bachelors degree...

82. Archived Article: Memos - RFS Hotel Investors Inc RFS Hotel Investors Inc. has announced several management changes. Randy Churchey has been named president and chief operating officer of RFS Hotel Investors Inc. He formerly was senior vice president and chief financial offi...

83. Archived Article: Calendar - Sept Sept. 13 The Quality Center will sponsor an ISO 9000 internal auditor workshop through Sept. 14. The cost is $395. For more information, call 543-3530 or visit the organizations Web site at www.msqpc.com. Shelby County Republican Women will mee...

84. Archived Article: Calendar - Aug Aug. 31 The Memphis/Shelby County Job Service Employer Committee will meet at 7:30 a.m. at State Technical Institute. The speaker will be attorney Tim Bland of Ford and Harrison LLP. His topic will be the Americans with Disabilities Act and the ...

85. Archived Article: Memos - Easley To Replace Georgiu As Brett Easley was appointed acting president of Alldata. Easley was formerly vice president of information and training for AutoZone. Keith Johnson was named senior vice president of the YMCA of Memphis and the Mid-South....

86. Archived Article: Memos - Barry D Barry D. Robbins has been named executive vice president/sales and marketing for TBC Corp. He currently is senior vice president of strategic marketing. Ronald E. McCollough was named executive vice president and chief financial officer for ...

87. Archived Article: Law Focus St - By SUZANNE THOMPSON Stepping up to the bar New MBA president wants association to be more "lawyer friendly" By SUZANNE THOMPSON The Daily News Now that the changing of the guard is complete at the Memphis Bar Association, the new group of ...

88. Archived Article: Law Focus - Officials at both the state and local levels are joining together to target crime in an unprecedented multi-jurisdictional approach, according to Terry Harris, assistant district attorney and director of the newly formed Memphis and Shelby County Ga...