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McCALLA’S ODYSSEY

Seventeen years and five days from what must have been the lowest day of his professional life, U.S. District Judge Jon McCalla and I shared a few anxious hours together in the waiting room of the maternity ward at Baptist Hospital East. He was awaiting the birth of a daughter, I a son.

Whatever your station in life, an experience like that binds you in your common humanity, if only for a short time. He was a lawyer, I was a reporter. For those few hours we were just two nervous, happy guys.

I knew McCalla slightly then and would come to know him better over the years as a federal judge, a handball player at the YMCA, and a lunchtime companion at the Wolf River Society. I have only rarely seen him on the bench. But then the appellate judges who forced him to accept a six-month respite and behavioral counseling probably havenÕt seen him on the handball court, either. Or in the waiting room.

The punishment is puzzling, even if McCalla did not officially dispute the facts of the complaints against him, which came mainly from lawyers at the firm of Burch Porter and Johnson.The damning transcripts that were made public and published in the newspaper did not clarify things much.

They showed McCalla berating an attorney for what he saw as a lack of preparedness. Not once or twice, but again and again. When a lawyer does it in court, itÕs called badgering the witness. Counsel will refrain . . . blah blah blah.

McCalla is punctual on the bench, maybe compulsively so. Well, some attorneys are tardy, long-winded, and obtuse, maybe chronically so.

McCalla is snippy and sarcastic at times. Maybe too much so. Some lawyers, on the other hand, are prima-donnas, maybe pathologically so.

In short, Judge McCalla sometimes gave lawyers a horse doctorÕs dose of their own medicine. In 20 years of covering trials on and off, it still amazes me that witnesses never leap from the dock to strangle the attorneys who badger them, humiliate them, embarrass them, or fail to give them competent counsel. I donÕt know how they sit there and take it. I believe this thought may have crossed McCallaÕs mind as well.

The writer Jesse Stuart wrote that Òthe law is a powerful thing.Ó Powerful enough, in StuartÕs story, to make a Kentucky redneck send his grandson to school. In our town, the law is powerful enough to get to the bottom of a football recruiting scandal or a business scam or a custody fight or a murder. Lawyers have Òsupeenees,Ó as actor Wilford Brimley said as the prosecutor in the movie Absence of Malice.

A wonderful thing, a subpoena. It can make the most reluctant witness talk, and even tell the truth. On a good week a fourth of the phone calls I make as a reporter are not returned; on a bad week itÕs more like three-fourths. Probably a typical batting average for the press. No supeenees, you see. Reporters can hardly ever get the real story, or we canÕt tell it because we have to swim in the same water.

Ten years ago, McCalla became a judge in this world where you can get to the bottom of things and find out whatÕs really what, and he brought with him all his considerable brainpower as well as his impatience, his temper, his biases, and the tenacity of a handball player. Strangely enough, the law firm that brought him down includes some of his erstwhile Wolf River Society lunch companions. Even in the courtroom, that arena of gladiators, there are rules, and McCalla broke them, or so they say.

An hour after he surrendered to the appellate judges and agreed to their humiliating terms, McCalla agreed to see me for a few minutes in his chambers. He was cleanshaven, dry eyed, and his handshake and voice were firm. I asked him if I could use anything he said under any conditions in a newspaper story. He looked at his lawyer standing several feet away. She said nothing, and shook her head,no.

— JOHN BRANSTON

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JUDGE McCALLA PLACED ON LEAVE

The Memphis Flyer has learned that a special investigating committee of the Judicial Council of the 6th Circuit Court of Appeals, after meeting in closed session Wednesday with U.S. District Judge Jon McCalla has placed Judge McCalla on six-month administrative leave during which he will receive “behavioral counseling” for “improper and intemperate conduct” toward lawyers appearing before him.

A statement concerning the finding was issued by Boyce F. Martin Jr., chief judge, US Court of Appeals for the 6th Circuit and chairman of the 6th Circuit Judicial Council, who further said that Judge McCalla had acknowledge “the factual accuracy and validity of the complaints” and had apologized to the lawyers, the judiciary, and the bar.

Judge Martin’s statement was as follows:

Statement from the 6th Circuit Judicial Council Regarding Judge McCalla

“The special investigating committee of the Judicial Council of the 6th Circuit met today in Memphis to conduct a hearing as a part of its investigation into complaints of judicial misconduct filed by several attorneys against U.S. District Judge Jon McCalla of the Western district of Tennessee.

“Although the committee was prepared to receive testimony and other evidence and witnesses, Judge McCalla personally assured the committee that he acknowledges the factual accuracy and validity of the complaints of improper and intemperate conduct toward some lawyers who have appeared before him. In addition, Judge McCalla publicly apologized to the lawyers whom he has offended, as well as to the judiciary and the bar.

“In light of Judge McCalla’s acceptance of the validity of the complaints and the wrongfulness of his conduct the committee found it unnecessary to conduct a hearing to determine the factual basis for the complaints.

“Upon consideration the committee will recommend to the judicial council that Judge McCalla be placed on administrative leave for a period of no less than six months, during which time Judge Mccalla will continue to receive behavioral counseling.

“Judge McCalla has accepted these recommendations and agreed to abide by them.”

Boyce F. Martin Jr., chief judge, US Court of Appeals for the 6th Circuit and chairman of the 6th Circuit Judicial Council.

An earlier story, posted Wednesday on the Flyer website, follows:

JUDGE MCCALLA GETS TASTE OF JUDICIAL MEDICINE

In an extraordinary secret session closed to reporters and the public, a panel of federal appeals court judges met in a courtroom in Memphis Wednesday to consider whether U.S. District Judge Jon McCalla is fit to be a federal judge.

The U.S. Sixth Circuit Court of Appeals has issued a court order closing the proceedings on the ninth floor of the federal building to public scrutiny. Reporters were turned away outside the elevators and told that they could not even be on the floor, much less inside the courtroom.

Even in secret grand jury sessions, reporters are allowed outside the jury room and free to try to interview witnesses.Trials, whether they involve the president of the United States or paupers, are normally held in open court.

The McCalla matter — the vagueness is due to the federal courts’ refusal to disclose any information whatsoever about what is going on — is not a trial as such but a special proceeding to look into complaints about the judge’s temperament.

Neither the U.S. Marshall’s Office in Memphis nor the U.S. District Court Clerk’s office was able to provide a reporter with a copy of the Sixth Circuit Court order Wednesday.

Chief Deputy U.S. Marshal Thomas E. Thompson referred questions to Sixth Circuit Executive James Higgins. But Higgins’ office in Cincinnati said he was unavailable until next Tuesday because he is in Memphis.

McCalla has been presiding over a number of high-profile local cases including the Shelby County Jail case. The judge got himself in hot water in other trial hearings where he repeatedly scolded attorneys and questioned their professionalism. Now it is McCalla’s professionalism that is at issue. But the public isn’t getting so much as a peek.

(Grunt work on this story performed by Chris Przybyszewski, Jackson Baker, and Kenneth Neill.)

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FEDS INDICT LANG, KIRK

A federal grand jury has indicted former Trezevant. High school football coaches Lynn Lang and Milton Kirk on charges of conspiracy, use of an interstate facility to commit bribery, and extortion.

The indictment says the conspiracy was designed to obtain money, cars, and houses from universities and football boosters seeking to recruit star player Albert Means. The indictment does not name Means but refers to a certain student athlete at Trezevant.).

The charges stem from a joint investigation by the U.S. Attorney’s office, the District Attorney General’s office, the Federal Bureau of Investigation,and the Tennessee Bureau of Investigation.

”By our joint efforts I believe we are sending a clear message that the sale of high school athletes for personal gain will not be tolerated in our community,” said District Attorney General Bill Gibbons.

The nine-count indictment lays out details of Lang’s dealings with Alabama, Arkansas, Michigan State, the University of Memphis, the University of Tennessee, and Florida State University.

According to the indictment Lang told coaches that the price for Means would be anything from $50,000 to $200,000, plus cars and a house.

(Reported by John Branston)

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News News Feature

McCALLA’S ODYSSEY

Seventeen years and five days from what must have been the lowest day of his professional life, U.S. District Judge Jon McCalla and I shared a few anxious hours together in the waiting room of the maternity ward at Baptist Hospital East. He was awaiting the birth of a daughter, I a son.

Whatever your station in life, an experience like that binds you in your common humanity, if only for a short time. He was a lawyer, I was a reporter. For those few hours we were just two nervous, happy guys.

I knew McCalla slightly then and would come to know him better over the years as a federal judge, a handball player at the YMCA, and a lunchtime companion at the Wolf River Society. I have only rarely seen him on the bench. But then the appellate judges who forced him to accept a six-month respite and behavioral counseling probably haven’t seen him on the handball court, either. Or in the waiting room.

The punishment is puzzling, even if McCalla did not officially dispute the facts of the complaints against him, which came mainly from lawyers at the firm of Burch Porter and Johnson.The damning transcripts that were made public and published in the newspaper did not clarify things much.

They showed McCalla berating an attorney for what he saw as a lack of preparedness. Not once or twice, but again and again. When a lawyer does it in court, it’s called badgering the witness. Counsel will refrain . . . blah blah blah.

McCalla is punctual on the bench, maybe compulsively so. Well, some attorneys are tardy, long-winded, and obtuse, maybe chronically so.

McCalla is snippy and sarcastic at times. Maybe too much so. Some lawyers, on the other hand, are prima-donnas, maybe pathologically so.

In short, Judge McCalla sometimes gave lawyers a horse doctor’s dose of their own medicine. In 20 years of covering trials on and off, it still amazes me that witnesses never leap from the dock to strangle the attorneys who badger them, humiliate them, embarrass them, or fail to give them competent counsel. I don’t know how they sit there and take it. I believe this thought may have crossed McCalla’s mind as well.

The writer Jesse Stuart wrote that “the law is a powerful thing.” Powerful enough, in Stuart’s story, to make a Kentucky redneck send his grandson to school. In our town, the law is powerful enough to get to the bottom of a football recruiting scandal or a business scam or a custody fight or a murder. Lawyers have “supeenees,” as actor Wilford Brimley said as the prosecutor in the movie Absence of Malice.

A wonderful thing, a subpoena. It can make the most reluctant witness talk, and even tell the truth. On a good week a fourth of the phone calls I make as a reporter are not returned; on a bad week it’s more like three-fourths. Probably a typical batting average for the press. No supeenees, you see. Reporters can hardly ever get the real story, or we can’t tell it because we have to swim in the same water.

Ten years ago, McCalla became a judge in this world where you can get to the bottom of things and find out what’s really what, and he brought with him all his considerable brainpower as well as his impatience, his temper, his biases, and the tenacity of a handball player. Strangely enough, the law firm that brought him down includes some of his erstwhile Wolf River Society lunch companions. Even in the courtroom, that arena of gladiators, there are rules, and McCalla broke them, or so they say.

An hour after he surrendered to the appellate judges and agreed to their humiliating terms, McCalla agreed to see me for a few minutes in his chambers. He was cleanshaven, dry eyed, and his handshake and voice were firm. I asked him if I could use anything he said under any conditions in a newspaper story. He looked at his lawyer standing several feet away. She said nothing, and shook her head, no.

— JOHN BRANSTON

Categories
News

McCALLA PUT ON LEAVE

The Memphis Flyer has learned that a special investigating committee of the Judicial Council of the 6th Circuit Court of Appeals, after meeting in closed session Wednesday with U.S. District Judge Jon McCalla has placed Judge McCalla on six-month administrative leave during which he will receive “behavioral counseling” for “improper and intemperate conduct” toward lawyers appearing before him.

A statement concerning the finding was issued by Boyce F. Martin Jr., chief judge, US Court of Appeals for the 6th Circuit and chairman of the 6th Circuit Judicial Council, who further said that Judge McCalla had acknowledge “the factual accuracy and validity of the complaints” and had apologized to the lawyers, the judiciary, and the bar.

Judge Martin’s statement was as follows:

Statement from the 6th Circuit Judicial Council Regarding Judge McCalla

“The special investigating committee of the Judicial Council of the 6th Circuit met today in Memphis to conduct a hearing as a part of its investigation into complaints of judicial misconduct filed by several attorneys against U.S. District Judge Jon McCalla of the Western distrivct of Tennessee.

“Although the committee was prepared to receive testimony and other evidence and witnesses, Judge McCalla personally assured the committee that he acknowledges the factual accuracy and validity of the complaints of improper and intemperate conduct toward some lawyers who have appeared before him. In addition, Judge McCalla publicly apologized to the lawyers whom he has offended, as well as to the judiciary and the bar.

“In light of Judge McCalla’s acceptance of the validity of the compllaints and the wrongfulness of his conduct the committee found it unnecessary to conduct a hearing to determine the factual basis for the complaints.

“Upon consideration the committee will recommend to the judicial council that Judge McCalla be placed on administrative leave for a period of no less than six months, during which time Judge Mccalla will continue to receive behavioral counseling.

“Judge McCalla has accepted these recommendations and agreed to abide by them.”

Boyce F. Martin Jr., chief judge, US Court of Appeals for the 6th Circuit and chairman of the 6th Circuit Judicial Council.

An earlier story, posted today on the Flyer website, follows:

JUDGE MCCALLA GETS TASTE OF JUDICIAL MEDICINE

JOHN BRANSTON

In an extraordinary secret session closed to reporters and the public, a panel of federal appeals court judges met in a courtroom in Memphis Wednesday to consider whether U.S. District Judge Jon McCalla is fit to be a federal judge.

The U.S. Sixth Circuit Court of Appeals has issued a court order closing the proceedings on the ninth floor of the federal building to public scrutiny. Reporters were turned away outside the elevators and told that they could not even be on the floor, much less inside the courtroom.

Even in secret grand jury sessions, reporters are allowed outside the jury room and free to try to interview witnesses.Trials, whether they involve the president of the United States or paupers, are normally held in open court.

The McCalla matter — the vagueness is due to the federal courts’ refusal to disclose any information whatsoever about what is going on — is not a trial as such but a special proceeding to look into complaints about the judge’s temperament.

Neither the U.S. Marshall’s Office in Memphis nor the U.S. District Court Clerk’s office was able to provide a reporter with a copy of the Sixth Circuit Court order Wednesday.

Chief Deputy U.S. Marshal Thomas E. Thompson referred questions to Sixth Circuit Executive James Higgins. But Higgins’ office in Cincinnati said he was unavailable until next Tuesday because he is in Memphis.

McCalla has been presiding over a number of high-profile local cases including the Shelby County Jail case. The judge got himself in hot water in other trial hearings where he repeatedly scolded attorneys and questioned their professionalism. Now it is McCalla’s professionalism that is at issue. But the public isn’t getting so much as a peek.

Categories
News

FEDS INDICT LANG, KIRK

A federal grand jury has indicted former Trezevant. High school football coaches Lynn Lang and Milton Kirk on charges of conspiracy, use of an interstate facility to commit bribery, and extortion.

The indictment says the conspiracy was designed to obtain money, cars, and houses from universities and football boosters seeking to recruit star player Albert Means. The indictment does not name Means but refers to a certain student athlete at Trezevant.).

The charges stem from a joint investigation by the U.S. Attorney’s office, the District Attorney General’s office, the Federal Bureau of Investigation,and the Tennessee Bureau of Investigation.

”By our joint efforts I believe we are sending a clear message that the sale of high school athletes for personal gain will not be tolerated in our community,” said District Attorney General Bill Gibbons.

The nine-count indictment lays out details of Lang’s dealings with Alabama, Arkansas, Michigan State, the University of Memphis, the University of Tennessee, and Florida State University.

According to the indictment Lang told coaches that the price for Means would be anything from $50,000 to $200,000, plus cars and a house.

Categories
News

JUDGE McCALLA GETS TASTE OF JUDICIAL MEDICINE

In an extraordinary secret session closed to reporters and the public, a panel of federal appeals court judges met in a courtroom in Memphis Wednesday to consider whether U.S. District Judge Jon McCalla is fit to be a federal judge.

The U.S. Sixth Circuit Court of Appeals has issued a court order closing the proceedings on the ninth floor of the federal building to public scrutiny. Reporters were turned away outside the elevators and told that they could not even be on the floor, much less inside the courtroom. Even in secret grand jury sessions, reporters are allowed outside the jury room and free to try to interview witnesses.

Trials, whether they involve the president of the United States or paupers, are normally held in open court. The McCalla matter — the vagueness is due to the federal courts’ refusal to disclose any information whatsoever about what is going on — is not a trial as such but a special proceeding to look into complaints about the judge’s temperament.

Neither the U.S. Marshall’s Office in Memphis nor the U.S. District Court Clerk’s office was able to provide a reporter with a copy of the Sixth Circuit Court order Wednesday. Chief Deputy U.S. Marshal Thomas E. Thompson referred questions to Sixth Circuit Executive James Higgins. But Higgins’ office in Cincinnati said he was unavailable until next Tuesday because he is in Memphis.

McCalla has been presiding over a number of high-profile local cases including the Shelby County Jail case. The judge got himself in hot water in other trial hearings where he repeatedly scolded attorneys and questioned their professionalism.

Now it is McCalla’s professionalism that is at issue. But the public isn’t getting so much as a peek.

Categories
News News Feature

PLAN ‘C’ FOR ARENA SITE

Mayors Willie Herenton of Memphis and Jim Rout of Shelby County strained mightily to present what looked like a compromise arena-site selection at their sweltering mid-afternoon press conference Wednesday atop the Rock & Soul Museum downtown.

The very choice of a venue for the announcement, of course, gave the game away. The winner was Mayor Herenton’s choice — Site B, the Linden Avenue site which he’d held to stubbornly for more than two months despite the insistence of Mayor Rout and an official site-selection committee that Site A, on Union Avenue opposite AutoZone Park, was to be preferred.

On Wednesday afternoon, the two mayors tried to pass off the ultimate locaton as a brand-new “Site C,” but clearly it was the Linden site with modifications — notably the turning of the building on its axis so as to present a north front toward Union Avenue, and a tree-lined mini-parkway which will open the arena, visually and access-wise, to Union.

The letter ‘C’ might,in one sense, stand for “cosmetic,” but the changes will probably have a larger impact than that suggests.

An unspoken context for the tug-of-war between the mayors was both racial and political.

Mayor Herenton was determined to locate the arena close to southern, blighted areas of the central downtown area (including a newly built cluster of public housing units), so as to give the area a developmental momentum and a gloss more consistent with neighboring areas to the north.

Mayor Rout and most members of the city establishment wanted the site further north, for the same reasons in reverse. The amendments to the Linden site, which establish both a north and a south entrance point, in effect are designed to give both sides the essence of what they wanted.

GENERAL AREA OF THE ARENA

CLOSEUP: SITE OF THE ARENA

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Down By the Riverside

If a journey of a thousand miles begins with a single step, then a process that could reshape downtown Memphis for the next 50 years begins next month when the Riverfront Development Corporation (RDC) starts selling its vision for a dramatically different riverfront.

Starting from public hearings and a mom-and-apple-pie vision statement of a “world-class riverfront” that “binds us together as a community,” the RDC and its consultants have come up with a package of short-term (think 2002-2003) and long-term improvements (not soon, but probably well short of the RDC’s ruffle-no-feathers 50-year horizon).

The final draft of the master plan will be approved within two months. But the rendering on these pages is generally state-of-the-art, although it shows buildings where there will not be buildings and omits a pedestrian bridge from the foot of Union Avenue to Mud Island. Prominent features of the plan include:

· A massive land bridge connecting Mud Island to downtown and dividing the present slackwater harbor into a smaller harbor and a narrow 150-acre lake.

· Extensive residential and commercial development on Mud Island River Park.

· Preserving part of the park (mainly the southern end and river’s edge) as public park.

· Keeping the model of the Mississippi River in the park but getting rid of the amphitheater and possibly the monorail, while expanding the museum but putting it in a new building.

· Saving prime space on the land bridge for a corporate headquarters in case some company wants to relocate from the suburbs or another city in the future.

· A circular outdoor plaza and cruise-boat dock at the foot of Beale Street and the northern end of Tom Lee Park.

· Relocation of all marinas and small-boat tie-ups to the southern end of the slackwater harbor next to the cobblestones, which would be shored up with a seawall.

· Development of the public promenade known as the Overton Blocks which includes the fire station, post office, Cossitt Library, and parking garages.

The driving principle behind all of this: Make it pay. “There has to be something to pay for the infrastructure,” says Benny Lendermon, president of the RDC. “We’re trying to create three times as much private investment as public dollars. That gives enough payback.”

Lendermon and Kristi Jernigan, vicechairman of the RDC, will start selling the plan in earnest next month. Among other things, this will test how well the tortoise-and-hare RDC partnership works, now that it has usurped the powers of the Memphis Park Commission in all riverfront matters. Lendermon comes from the public sector, where he served in city government for some two decades, viewing no less than 13 riverfront plans that came and went, by his count. He knows better than anyone that major parts of the plan need political and corporate support and funding, plus the blessing of regulators, preservationists, and the courts. Kristi and Dean Jernigan were the driving forces behind AutoZone Park, which went from concept to completion in three years and was praised in a feature article last week in The New York Times.

The picture that ran with the article was a reminder that downtown Memphis still has a ways to go. It showed AutoZone Park with the 30-story Sterick Building in the background. Few of the Times readers probably realized that the Sterick Building has been empty for years.

One reason the RDC plan will have more impact than its predecessors is that it builds on some work already funded and in progress. The low-hanging fruit includes the sidewalk next to Riverside Drive between Tom Lee Park and Jefferson Davis Park which has been under construction all summer. Eventually it will extend all the way to Mud Island, running along the west side of The Pyramid. Improvements are also underway to stabilize the cobblestones. The RDC also took away the admission charge to the grounds of Mud Island River Park this summer and plans to use Mud Island for more events, including this year’s Blues Ball, previously held at The Peabody, the Rock ‘n’ Soul Museum, and Central Station.

Other changes that are likely within a year or two include placing medians in Riverside Drive and lowering the speed limit, scheduling more activities at Tom Lee Park, and improving stairway connections from the bluffs to Tom Lee Park as well as the docking facility and plaza at the foot of Beale Street where it meets the river.

The more ambitious parts of the plan are the massive land bridge, the lake, the Overton Blocks, and the Mud Island makeover. Politics, a lack of public funding or private investment, regulatory or engineering problems, or failure to reach agreement with the Overton heirs could stall any or all of these indefinitely. But the opening of AutoZone Park and Peabody Place and the relocation of the NBA Grizzlies have created a feeling that all things are possible, at least in the minds of RDC officials.

“Now there is an implementer,” says Lendermon.

The RDC, for example, is actively contacting and negotiating with the Overton heirs through the Baker Donelson Bearman and Caldwell law firm. Lendermon says that, contrary to newspaper reports, the RDC has “a productive working relationship” with brothers Kevin and Rusty Hyneman, who own a key piece of land on Mud Island between the two bridges. There are relatively few industries on the harbor compared to other places that RDC members visited, including Cincinnati, Louisville, Pittsburgh, and New York — all cities that managed to start or complete waterfront redevelopments.

“The real issue now is defining costs and testing this with developers,” says Jernigan.

For now the RDC is only looking for their expertise, not commitments. But Lendermon and Jernigan think there could be substantial progress on the land bridge and Overton Blocks in five to seven years. Those two projects alone would create prime sites for a major corporate headquarters — something downtown hasn’t landed since AutoZone moved to Front Street 10 years ago.

Here’s a detailed look at specific parts of the riverfront plan, with comments by Lendermon and Jernigan.

Tom Lee Park

Memphis In May stays. So does the Beale Street Music Fest. “We’d like to think we could improve the layout and vegetation to accommodate more non-Memphis In May uses,” says Lendermon. The park will get more seating, places for vendors, and connections to the stairways on the bluff.

“Next year we would like to look at programming Tom Lee Park more,” says Jernigan. “Kind of like what Battery Park in New York does with their Hudson River summer festival and activities from bike rental to in-line skating to morning tai-chi workouts.”

Vance and Confederate Parks need improvements too, and one possibility, Jernigan says, is “a total upgrade of all the greenspaces that are here now that are going to stay long-term.”

Riverside Drive

Think slower. The goal is to accommodate the same volume of traffic at a lower speed. The RDC will soon take bids to build a 10-foot planted median as well as lighted pedestrian crossings at Beale and the stairways on the bluff and a change in pavement to encourage slower speeds at the juncture of Interstate 55 and Riverside Drive. The RDC is also working with the city of Memphis to accelerate the work schedule on an interchange at Crump Boulevard and I-55 and a connection between Riverside Drive and Second and Third Streets near the south end of Riverside Drive so that those streets can take more traffic. The width of the roadway will be widened by covering up a drainage ditch on one side.

Beale Street Landing

This circular pavilion will serve as a docking facility for large steamboats, a dropoff place for shuttle buses, and a concession stand. It will be the terminus of Beale Street, Tom Lee Park, and the Cobblestone Walkway and will have some sort of tall monument or tower to draw attention to itself. Planners think the tip of Mud Island has the potential to be something on the order of the coming together of great rivers in Pittsburgh. Since the harbor is not exactly a river at all, much less a great one, this seems a stretch, but this is a key location in the overall plan. A near-term improvement.

The Cobblestones

In a word, difficult. Between dealing with historic preservation interests, Memphis In May, lawsuits from injured boat passengers, and regular tour-boat traffic, the cobblestones have proven “more of a challenge than we anticipated,” Lendermon says. Some of the “less historic” cobblestones have been removed to accommodate a retaining wall to hold the rest of them in place. Low spots will be filled in, but people will still be allowed to walk on the cobblestones, although there will also be walkways above them for those who prefer not to risk a tumble.

Long-awaited Ron Terry Plaza at the foot of Union is still alive, but the RDC is trying to figure out how to incorporate it into the new walkway under construction. A planned pedestrian bridge from the foot of Union to Mud Island further complicates matters. “The worst thing would be to build Ron Terry Plaza and five years from now go in there and tear part of it out,” says Lendermon. Once seen as a near-term improvement, the cobblestones could be a work in progress for years if the land bridge happens.

Mud Island Park

Twenty years ago its buildings were so “now.” Which could be why they now look so “then.”

Two decades of public apathy are enough in the minds of the RDC. Major changes in the long term, minor ones in the near term. Admission to the grounds is free this summer, and Lendermon says attendance was up 50 percent in July. The amphitheater is rarely booked, despite a sold-out rap concert last weekend and a beer festival this weekend. Pat Tigrett’s Blues Ball is moving to Mud Island, the scene of her bridge-lighting party in 1987. Over the next two years, the RDC would like to move more events that attract a few hundred to a few thousand people to Mud Island and leave mega-events at Tom Lee Park.

The museum and amphitheater stay open for the next year or two, but long term the amphitheater most likely goes, say Lendermon and Jernigan. The river model stays, possibly as the centerpiece of a future hotel, but the Gulf of Mexico part shrinks. “It definitely will not be a swimming pool,” says Lendermon. A new seawall braces the southern tip and harbor, letting people get down to a proposed new walkway closer to the water. Coupled with the land bridge, Mud Island River Park between the amphitheater and the museum becomes a mixed-use development, long term. The south end and the western edge along the river remain a public park.

The Overton Blocks

This enticing piece of the puzzle is hamstrung by a historic covenant prohibiting private development. The RDC envisions some private development facing the river, a la the AutoZone headquarters, mixed with a lot of public space and parks. The post office stays, maybe as a new home for the Wonders series. Buildings would be subject to height restrictions. A lawsuit is likely, even welcomed.

“A court has to legally decree something and put its stamp of approval on it,” says Lendermon. “There is no way we can enter into a private-party contract with the Overton heirs without the judicial system being involved.”

Another approach would be to argue that the RDC is by definition a public purpose and use condemnation proceedings.

“We’re going to have to work with the city and their political will, so it’s going to have to be a joint effort,” says Jernigan.

Despite all the obstacles, the RDC is optimistic because the potential is so great.

“Even the Overton heirs are for it,” says Lendermon. “The fact that there is an entity focused on the riverfront I think gives the heirs some confidence that something is going to happen and that it is going to be in accordance with a plan that is going to be executed.”

The Land Bridge

Lendermon estimates it would take two years to get the permits and design it once there is agreement to go forward with this riverfront centerpiece. Construction would take two more years, following the method used to expand Tom Lee Park.

“Five years would be quick,” he says. “We think it is more like 10, realistically, before you have that site ready. We will be talking a lot to the development community about this one.”

There are concerns that the project, in addition to being hugely expensive, could be so big that nothing happens and momentum is lost, as happened at Battery Park in New York. Or it could simply shift businesses away from other parts of downtown, with no net gain.

Ideally, the land bridge would fill up with housing, commercial sites, a hotel, and office buildings, with a public plaza rounding off the harbor on the south side. Development costs would be offset by lot sales and leases.

The Lake

A 150-acre lake is created north of the land bridge. It becomes a prime site for residential development instead of the industrial users now on its eastern bank. The RDC estimates it will take two or three years to move the industries, and three to five more to finish the lake. The existing marina would move to the cobblestones.

“The lake would be a great neighborhood generator for Uptown,” says Jernigan.

(Uptown is the residential development northwest of St. Jude Children’s Research Hospital.)

One possibility is connecting the lake with the harbor via a San Antonio-style river walk cutting through the land bridge. ·

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News News Feature

PLAN ‘C’ FOR ARENA SITE

Mayors Willie Herenton of Memphis and Jim Rout of Shelby County strained mightily to present what looked like a compromise arena-site selection at their sweltering mid-afternoon press conference Wednesday atop the Rock & Soul Museum downtown.

The very choice of a venue for the announcement, of course, gave the game away. The winner was Mayor Herenton’s choice — Site B, the Linden Avenue site which he’d held to stubbornly for more than two months despite the insistence of Mayor Rout and an official site-selection committee that Site A, on Union Avenue opposite AutoZone Park, was to be preferred.

On Wednesday afternoon, the two mayors tried to pass off the ultimate locaton as a brand-new “Site C,” but clearly it was the Linden site with modifications — notably the turning of the building on its axis so as to present a north front toward Union Avenue, and a tree-lined mini-parkway which will open the arena, visually and access-wise, to Union.

The letter ‘C’ might,in one sense, stand for “cosmetic,” but the changes will probably have a larger impact than that suggests.

An unspoken context for the tug-of-war between the mayors was both racial and political.

Mayor Herenton was determined to locate the arena close to southern, blighted areas of the central downtown area (including a newly built cluster of public housing units), so as to give the area a developmental momentum and a gloss more consistent with neighboring areas to the north.

Mayor Rout and most members of the city establishment wanted the site further north, for the same reasons in reverse. The amendments to the Linden site, which establish both a north and a south entrance point, in effect are designed to give both sides the essence of what they wanted.

GENERAL AREA OF THE ARENA

CLOSEUP: SITE OF THE ARENA