Resident sues Tyrone

Mon, 07/30/2007 - 8:24am
By: Ben Nelms

Tyrone resident Dick Shelley has filed suit against the Town of Tyrone, town administrative staff, the mayor and council and planning commission over what he maintains was unfair and illegal treatment in zoning and other issues relating to his rental property located at 117-119 Palmetto-Tyrone Road.
Shelley is seeking more than $2.3 million in damages and the invalidation of zoning conditions that are resulting in a loss of business and amounts to abuse of discretion and unreasonable government interference, the suit said.
Town attorney Brad Sears said he could not comment on the suit. A copy of the suit was forwarded to the town’s insurer, Georgia Government Risk Management Association, Sears said.
The 12-count suit alleges that the town violated Shelley’s rights and those of two relatives when a 2004 text amendment to the zoning ordinance deleted all allowable uses in the C-2 (Commercial) zoning district that were previously applicable to his 20,200 square-foot business rental property. The suit states that the 2004 amendment also grants specific legislative power to the town’s zoning administrator to decide what uses applied to the land.
Now faced with non-conforming uses for the eight rented units, Shelley essentially maintains that the property will become useless in the next two years for all but one of the current businesses because the retail businesses now deemed applicable with the 2004 zoning changes are not appropriate for the three metal buildings currently on the site. The cost of removing the buildings and replacing them would be $1.87 million along with $98,000 in lost rent, Shelley said.
The suit maintains that the 2004 council zoning decision is unlawful as was the town’s more recent refusal to re-issue a business license to a 18-year tenant on Shelley’s property. Also at issue is Shelley’s claim that the town should be enjoined from refusing to issue legal business licenses and that the mayor, town council, planning commission, town administrator and town clerk have, in various ways, caused economic harm, engaged in negligent behavior and violated Shelley’s property rights through misrepresentation and deceit. Additionally, the suit claims civil conspiracy intended to eliminate all lawful businesses and property uses in the downtown area through re-development efforts.
The suit was filed July 20 in Fayette Superior Court.

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Submitted by too bad on Sun, 08/05/2007 - 4:37pm.

How many times have we, the taxpayers of Tyrone, found ourselves in the same boat as Mr Shelley? We have all woke up one cold morning that something had been taken from us without ever having the slightest knowledge of it. A prime example is the rezoning where NO SIGNS are posted...the last nightmare I can think of the no signs was the attempted rezoning of the land between the 3 schools, Birch, Flatt Rock and Sandy Creek. Someone wanted to put an office complex ...IN BETWEEN them, all on a piece of land only a mountain goat could love. No signs, and we all passed the land in question as we dropped off our kids. It almost happened except a few found out and stopped it. I name this only because it was the more gernaric and doesn't name names. There has been so much hanky panky in Tyrone it is mind boggling. We all ..coulda/shoulda done something to end this once and for all. Now the big joke is on us...when Mr Shelley, after doing the right thing and stopping all this, gets his 2.3 million for dammages and is laying on the beach playing Jimmy Buffett and having a cool one, we are gonna be left with only our lingering thoughts of ....coulda/shoulda...!

Submitted by 1bighammer on Tue, 07/31/2007 - 4:58pm.

so a local government can exploit the owner. The widening of Palmetto-Tyrone road is imminent, so Barry and crew are using every trick they can to make it as easy as they can to condemn land along the way. Zone the businesses out, strap Mr. Shelley with buildings and property he can't rent, and can't sell because no one could use it for anything once they bought it. I'm sure there is a provision SOMEWHERE in the town regulations(if there isn't they'll create one)that says that buildings sitting empty for an extended period will be condemned. Once condemned, that property is easy pickings for a VERY low cost.

Submitted by BACKINBLACK on Tue, 07/31/2007 - 11:06pm.

1bighammer is a genius! Finally, someone has hit the nail on the head! I read all of those websites posted regarding Tyrone redevelopment and the Atlanta Regional Commission. Tyrone is applying for federal funding to redevelop downtown and they can't even figure out what to do with 6 years of impact fees, to such a travesty of extent that they have to refund the money. I don't think it can be attributed to "dumb", as another blogger stated. It seems like the town is trying to subvert the laws of our State which are supposed to protect private property owners like this guy, Mr. Shelley. Where is the town council? Don't they realize they have the power to get rid of Barry Amos and get a new town manager, one who cares about the town. Moreover, they have a duty to protect Tyrone citizens!! That is what a town manager is supposed to do, right? Work for the town, look out for the town's best interests; the town is made up of PEOPLE. Tyrone desperately needs to start investigating the zoning practices of it's employees charged with the duties of zoning.

And Tyrone citizens do not want Barry Amos doing all of these things. This site is evidence enough of that!!


mudcat's picture
Submitted by mudcat on Tue, 07/31/2007 - 7:49pm.

Sadly. Please learn to use that word when you post anything about Tyrone and their leadership.

Back to my old picture, so I can say "I don't have a dog in this
fight" with real feelings.

Submitted by skyspy on Tue, 07/31/2007 - 8:52pm.

I see you took my suggestion of a plastic surgeon seriously. Good for you. You look great.

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