The River Gorge Ranch lawsuit ended in September 2024 when a Marion County judge dismissed developer Thunder Air Inc.’s libel claims against two local residents under Tennessee’s anti-SLAPP law, and in January 2025 ordered the company to pay $211,345.40 in the defendants’ attorney’s fees and costs.1Chattanoogan. Developer Thornton Must Pay $211,345
Who Sued Whom, and Why
On March 15, 2024, Thunder Air Inc., the company behind John “Thunder” Thornton’s 7,400-acre River Gorge Ranch development on Aetna Mountain, filed a libel suit in the Chancery Court of Marion County against two local residents, Joe “Joey” Blevins Jr. and Ronnie Kennedy. The case was docketed as No. 8424.2Horwitz Law. Thunder Air vs. Blevins and Kennedy
The complaint targeted social media posts in which Blevins and Kennedy said the property sat over abandoned coal mines and used the phrase “Swiss cheese” to describe the ground beneath the development.3Times Free Press. Libel Suit Over Swiss Cheese Criticism of River Gorge Ranch
Both defendants countersued under the Tennessee Public Participation Act, the state’s anti-SLAPP statute. Daniel A. Horwitz, representing Blevins, said the TPPA was enacted to “punish and deter bogus lawsuits exactly like this one.”4Times Free Press. Lawsuits Accuse Developer Thunder Thornton of Intimidating Critics William “Jay” Harbison II, representing Kennedy, called the case a “typical SLAPP suit” brought by a developer with “deep pockets and thin skin,” and opened his filing by noting that “Thunder’s lawsuit has more holes than Aetna Mountain (or a piece of Swiss cheese).”5Nashville Scene. An East Tennessee Developer’s Hubris Could Cost Him
Kennedy died on August 10, 2024, at age 67, while the case was pending.6Ryan Funeral Home. Ronnie Kennedy Obituary Harbison continued for Kennedy’s heirs.2Horwitz Law. Thunder Air vs. Blevins and Kennedy
Why the Case Was Dismissed
Twelfth Circuit Court Judge Justin C. Angel dismissed the lawsuit with prejudice in September 2024. He found that the defendants’ statements were “protected speech relating to a matter of public concern” and, importantly for a libel claim, that the statements were not false. “There is evidence that there are abandoned mines, both above ground and strip mines on the property,” the judge wrote.7Horwitz Law. Marion County Judge Orders Thunder Air Inc. to Pay Over $200,000 for SLAPP Suit Judge Angel added that the TPPA is meant to “insure First Amendment rights and allow people to speak freely.”8Chattanoogan. Judge Rules Against Thunder Thornton
The judge declined to impose additional monetary sanctions, finding no evidence the suit was filed with “malice.” He described Thornton as a “well-respected and renowned real estate developer” with a legitimate interest in protecting his investments, and he noted that the development site itself is not unsafe, citing at least 120 feet of Newton sandstone over the area even as he acknowledged past mining activity.8Chattanoogan. Judge Rules Against Thunder Thornton
The $211,345 Fee Award
On January 24, 2025, Judge Angel ordered Thunder Air Inc. to pay a combined $211,345.40 in attorney’s fees, costs, and expenses. Of that total, $91,138 went to Daniel Horwitz and Melissa Dix, who represented Blevins, and $120,206.84 went to Harbison and co-counsel Daniella K. Bhadare-Valente, who represented Kennedy’s estate.1Chattanoogan. Developer Thornton Must Pay $211,345 Horwitz’s firm described the award as “record-setting” under the TPPA.7Horwitz Law. Marion County Judge Orders Thunder Air Inc. to Pay Over $200,000 for SLAPP Suit
The Mine Concerns Behind the Posts
Aetna Mountain has been mined since the Etna Mines were established in 1852, and an 1863 Marion County map lists the site as an active mine before the Civil War.9TNGenWeb. Marion County Mines Historical records identify roughly 30 horizontal mine entrances, or adits, on the property, plus abandoned strip mines visible on a 1950 topographic map.10Nashville Scene. East Tennessee Development Mt Aetna
A 2022 geophysical study by UES Professional Solutions examined part of the site’s northeast corner and found large underground voids at one of eight measured locations. The report warned that extensive blasting in the sandstone would “likely increase the risk of future distress related to any underlying mines.”10Nashville Scene. East Tennessee Development Mt Aetna In 2023, the Land Reclamation Section of the Tennessee Department of Environment and Conservation offered twice to visit the site and identify mine hazards, but Thornton’s consulting firm, Davey Resource Group, declined both times; TDEC said its policy was to honor such refusals unless an “imminent health or safety hazard is known.”11Nashville Scene. East Tennessee Development Environmental Risk
At a March 2024 Marion County Commission meeting, Thornton’s team presented findings from A.D. Engineering and GEOServices. GEOServices Vice President Derek Kilday acknowledged that additional undiscovered mines could exist on the property due to a “lack of historical records.”12Local 3 News. Marion County River Gorge Ranch Development Backed Up by Engineers, TDEC Tennessee law does not require developers to disclose coal mine risks when selling undeveloped land.11Nashville Scene. East Tennessee Development Environmental Risk
What Has Happened to the Development Since
The project has kept building through the litigation. A developer update in November 2025 reported more than 700 lots sold, over 60 homes under construction, and some residents already moved in, with more than 12 miles of waterline installed and work underway on a planned 49-mile paved road network.13River Gorge Ranch. River Gorge Ranch Fall Update By early May 2026, the project reported 715 homes sold of 2,200 planned sites.14New York Post. California, Illinois, NY, NJ Residents Buy Homes in Tennessee Development