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11.2.05 Oconee Citizens Did Not Prevail in Lawsuit About Coldwater MPD

This is another dense development resulting from the County’s mistaken policy of allowing sewer service for dense residential development, reversing at least 15 years of policy by the County.  It is also an urban type development on two county roads that were not built for this type development and traffic….

AVOC

 

November 1, 2005

 

Oconee Citizens Did Not Prevail in Lawsuit About Coldwater MPD

 

By Wendell Dawson, Editor, AVOC, Inc.

 

AVOC sources indicate that the Citizen Complaint about the procedural points of the Coldwater Rezone did not prevail.  The trial judge held that the Planning Commission Hearing held complied with the County Ordinance Requirements for a public hearing.  AVOC understands the decision will probably not be appealed.

 

The Developer has been grading the site for a couple of weeks.   More residences will be coming on the market in Oconee County where observers have noted a plethora of For Sale Signs.

 

 

Construction Work Underway on October 18, 2005

 

This is another dense development resulting from the County’s mistaken policy of allowing sewer service for dense residential development, reversing at least 15 years of policy by the County.  It is also an urban type development on two county roads that were not built for this type development and traffic.

 

Citizens can start preparing for some changes in the next county election which will be kicking off in a little over two years- a short time in politics.

 

Some say it is too late to do anything but a new Commission can stop the Sewer Raid and the Pocketbook Policies of the last three years.  It will not be bound to continue the commitments of the incumbents.  Citizens can take heart in that.

 

SEE:

5-5-04 Oconee County Opened Pandora’s Box With Residential Sewer Policy Change

5-10-04 Oconee’s ‘Pot of Gold’ Fuels MPDs & Land Rush

5-4-05 Sewer Capacity, Cost and Effort, and Oconee County Plans

5-5-04 Watkinsville Developer Proposed MPD in Griffin –Coldwater –Part 1

5-5-04 Oconee County –City of Griffin Dense Development Connections—PART 2

5-5-04 Coldwater Creek MPD--- Oconee and Griffin Connection – PART 3

5-5-04 Oconee Developer Is Denied Rezone in Griffin PART 4

8-6-04 Citizens Believe Oconee News Not Fully Reported

8-31-04 Oconee Citizens Say Local Papers Got It Wrong  

9-27-04 Oconee BOC Back to Pre-Election Procedures

 


 

Copy of Complaint

See:  http://www.oconeesfuture.com/suit2.htm

 

 

IN THE SUPERIOR COURT OF OCONEE COUNTY, GEORGIA

 

  

Citizens For Ethical Government, an )                      Case No.: FILE NO.

 unincorporated association, Carolyn

Nichols, Richard and Bernadine

Bellmore, Jack and Cay Carr Plaintiffs

 

            vs.

 

 

Thomas Orchard, Inc., and Oconee

 County Board of Commissioners,  Defendants

 

  

COMPLAINT

 

 

Citizens For Ethical Government, an unincorporated association of citizens of Oconee County, Georgia, who are adversely affected by the rezoning described herein, Carolyn Nichols, Richard and Bernadine Bellmore, and Jack and Cay Carr, hereinafter referred to as Plaintiffs, bring this complaint against Thomas Orchard, Inn, and the Oconee County Board of Commissioners, hereinafter referred to as Defendant and show to the court the following.

 

1.

  

Defendant Thomas Orchard, Inc. is a Georgia Corporation with its registered office located at 609] Macon Highway, Bishop, Georgia, and its registered agent, W. J. Thomas, Jr., may be served there. Said defendant is subject to the jurisdiction of this Court

  

2.

  

Defendant Thomas Orchard, Inc. owns a certain tract of real property, approximately 94.03 acres, located Tin Oconee County, Georgia, which Is more particularly described in Exhibit A to this Complaint, which description is incorporated herein, and which property is hereafter referred to in this Complaint as the “SUBJECT PROPERTY”.

  

3.

  

Defendant Oconee County Board of Commissioners is the governing authority of Oconee County, Georgia, and is subject to the jurisdiction of this Court.

  

4.

 

 Plaintiff Carolyn Nichols owns her homeplace and resides at 1310 Onion Church Road, Watkinsville, Georgia, which real property is contiguous to the SUBJECT  PROPERTY, and she has standing to complain of the purported rezoning of same.

  

5.

  

Plaintiffs RI chard and Bernadine Bellmore own their homeplace and reside at 1301 Whipporwill Road, Watkinsville, Georgia, which real property is contiguous to the SUBJECT PROPERTY, and they have standing to complain of the purported rezoning of same.

 

 

 

 

6.

  

Plaintiffs Jack and Cay Carr own three own homeplace , and reside at 1402 Whipporwill Road, Watkinsville,  Georgia which real property is contiguous to the SUBJECT PROPERTY and they have standing ho complain of the purported rezoning of same.

  

7.

 

On the seventh day of September, 2004, Defendant Oconee County Board of Commissioners, at the request of Defendant Thomas Orchard, Inc, adopted an ordinance purporting to rezone the SUBJECT PROPERTY from A—1, Agricultural District, to R—2 MOD, Single Family Residential Master Planned Development District.

 

8.

 

 Said rezoning ordinance is invalid because it was adopted in violation of the Zoning Procedures Act, Sections 36—66-4a and 36—66—4b, in that no legal public hearing was held pursuant to legal notice prior to the adoption of the purported rezoning ordinance.

  

9.

  

Said rezoning ordinance is invalid because it was adopted in violation of the zoning ordinance of Oconee County, Georgia, entitled ZONING REGULATIONS OCONEE COUNTY, GEORGIA, adopted May 6. 2003, amended February 10, 2004, amended March 2, 2004, amended, June 1, 2004 in the following respects:

 

  a.  the general requirements of ARTICLE XIV. MASTER PLANNED DEVELOPMENTS, Section 1400, 2 arid Section 1400, 3 were not met;

 

 b.            the review criteria of Section 1401, 4 was not used as criteria for approval as required;

 

 c. the public hearing scheduled to held before Defendant Oconee County Board of Commissioners regular meeting on August 3, 2004 was not held despite the attendance of Plaintiff in response to notice;

 

 d.            the notices required by Sections 17fl (a) and (b) of any public hearing held by Defendant Oconee County Board of Commissioners were not given.

 

10.

  

An actual controversy exists between the parties to this action, and this Court should issue to Plaintiffs a declaratory judgment against Defendants that the purported rezoninq of the SUBJECT PROPERTY from A-i to R-2 MPD is null and void arid issue such equitable remedies as are necessary to maintain the status quo ante.

 

 

             WHEREFORE, Plaintiffs ask the Court to Issue the following:

  

            A. Process and summons to be served upon Defendants:

 

            B.                Declaratory Judgment establishing the invalidity of the rezoning ordinance adopted September 7, 2004 by Defendant Oconee County Board of Commissioners concerning  the SUBJECT PROPERTY and establishing that said property is and has been zoned with the classification A-1;

  

C. Such other and further relief as the Court may find reasonable or necessary.

  

Dated:                 This 1 day of October, 2004. 

                                                                                                                                         Ernie De Pascale

Georgia Bar No. 218850

455 Highland Avenue

Athens,Georgia30606
706-548-6988

 

 

 


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