Wednesday, August 20, 2003
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Wednesday, August 20, 2003 |
PTC Council sued for inaction on car wash appealBy JOHN
MUNFORD
The Peachtree City Council has been sued for failing to vote on a property owner's appeal of a plan for a car wash in the Kedron Village area that was denied by the city's planning commission. Former city attorney Rick Lindsey, representing Peachtree City Holdings and developer John Williams, is asking the court to force the city to rule the plan is legal. Until last year, Lindsey defended the city from such lawsuits as his. Council considered the issue July 17 but could not vote on the matter after three council members recused themselves from the vote. That inaction, Lindsey wrote, resulted in the Planning Commission's decision "being affirmed by default." Councilmen Dan Tennant and Murray Weed abstained because they live close to the location. Annie McMenamin also recused herself, saying her daughter is an attorney with Lindsey's firm. The site for the car wash, which would be on the northeast corner of the intersection of Georgian Park and Newgate Road, has been zoned general commercial for over four years, Lindsey argued in his complaint to the court. And when the Planning Commission denied the concept plan at its June 23 meeting, it failed to say the plan was in violation of any city ordinances, Lindsey added.
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