Wednesday, December 24, 2003
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Wednesday, December 24, 2003 |
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Car wash developer wants city to pay expenses from previous lawsuit By JOHN MUNFORD A local developer is suing Peachtree City a second time even after the first lawsuit got officials’ attention and got his site plan approved. This time, John Williams and PTC Holdings are suing for damages incurred from the time the City Council failed to act on its appeal of the Planning Commission’s decision to turn down its conceptual site plan for a freestanding car wash in the Kedron area. Williams and PTC Holdings are also seeking to recoup “all expenses” including attorneys’ fees and costs related to the previous litigation. That suit was dropped Nov. 17, but the city hasn’t responded to the plaintiff’s request for payment of expenses, according to the new suit filed in Fayette Superior Court by former city attorney Rick Lindsey. Typically, when a developer is displeased with a decision of the Planning Commission, the matter can be appealed to the city council. On this occasion the appeal didn’t go smoothly as three councilmembers abstained from voting on the matter. That left only Mayor Steve Brown and Councilman Steve Rapson eligible to vote, well short of the requirement for any definitive council action. “Therefore,” the suit states, “... the decision of the planning commission was affirmed by default.”
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