PTC loses Lowe’s lawsuit

Thu, 11/15/2007 - 4:57pm
By: John Munford

Could open industrial park to retail businesses

Peachtree City cannot deny a developer’s application to build a Lowe’s Home Improvement store on industrially-zoned land off Ga. Highway 74 and TDK Boulevard, a court has ruled.

The win for Hyde Investments clears the way for the Lowe’s to be built, but at this time it appears the home improvement company will not build a location there, said Mike Hyde of Hyde Investments.

However, the ruling stands to have significant impact for industrially zoned parcels in the city and particularly those located along major highways. If the ruling is upheld or goes unchallenged, the city may be forced to allow retail uses in the city’s industrial park.

The win for Hyde Investments came in the granting of a motion for summary judgment from Fayette County Superior Court Judge Paschal A. English Jr. The company had argued in court that the city has allowed a number of other retail establishments to operate on industrially-zoned parcels, including restaurants.

Hyde Investments had also argued that the type of sales expected at Lowe’s would be the same as that of Gill-Roy’s Got It hardware just a bit north on Hwy. 74 which was also on industrially zoned land.

While the city successfully argued that Gill-Roy’s was a non-conforming use that had been grandfathered by the city, there was no such argument that justified allowing other stores and restaurants to be built and operated on industrially-zoned property, the court ruled.

City officials previously have said that practice was undertaken to allow businesses in the industrial district that would serve industrial clients.

Lowe’s potential lack of interest at the site now may have something to do with the city council’s scrapping of plans to extend TDK Boulevard over Line Creek and into unincorporated Fayette County. That road would have linked the city and Hyde’s property with the 3,000 home McIntosh Village project in unincorporated Coweta that has already been approved by the county government.

Hyde said he has been a resident of Peachtree City since 1973 and he doesn’t want to do anything to ruin the city. Hyde said he expects the city to appeal the ruling, but he thinks that would be “throwing good money after bad.”

The dispute arose more than a year ago when Hyde representatives were told that the City Council didn’t think the Lowe’s, then called Builder’s Supply Outlet, would be allowed as a use on the 13.8-acre industrially-zoned parcel.

Mike Hyde is no stranger to taking Peachtree City to court. In 1980 he took the city to the U.S. Supreme Court and won a legal victory allowing his company to post the price of gasoline on signs ... which had previously been deemed illegal by city ordinance.

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Submitted by johenry on Mon, 11/19/2007 - 8:15pm.

The old insiders are now turning the city inside-out. Robert Lenox was horrible and now his city attorney Rick Lindsey is finishing the job. Mike Hyde knew he could count on Lindsey to rip apart the very ordinances he wrote.

There is talk, I can't prove it, but Mayor Logsdon is moving get the Lowe's built.

Submitted by johenry on Mon, 11/19/2007 - 8:32pm.

Are you saying Rick Lindsey should have remained as city attorney?

Who was Jim Williams?

Please, please, p-l-e-a-s-e don't tell us that Robert Lenox wasn't a back door barn burner. If you try to tell me Lenox was lilly white, I'll throw-up my cranberry sauce.

All you Direct PAC guys should get rocks in your stocking this Christmas or a life size cutout of your man Harold Logsdon under your tree with the inscription "YOUR TAXES ARE GOING UP AGAIN BABY!".

mudcat's picture
Submitted by mudcat on Mon, 11/19/2007 - 8:39pm.

Hint for you little man - they all have the same answer.

Try again.


Submitted by johenry on Mon, 11/19/2007 - 8:47pm.

We all know Steve Brown, the honest mayor, gave Rick Lindsey, the big box attorney, the boot. Are you saying that was a bad thing PACcat?

Why on earth would you defend Robert Lenox? You can't take the trash out anymore because Robert built the police station on top of the landfill. That man was the devil with an attitude.

Who is Jim Williams?

I bet you're opting for the cutout of Harold Logsdon for Christmas aren't you?

mudcat's picture
Submitted by mudcat on Mon, 11/19/2007 - 8:24pm.

Rick Lindsey was city attorney and was fired by ??? Who???

Mike Hyde was on planning commission and he was fired by ??? Who???

Jim Williams was pretty much running the city (properly) and he was fired by???? Who????

Bob Lenox was and is an ex-mayor who was attacked by ??? Who??? After which he turned into an activist.

Let's see if we can figure this one out. Who is causing the current trouble? Could anyone have prevented this? Any ideas people?


CarDealer's picture
Submitted by CarDealer on Mon, 11/19/2007 - 12:31pm.

I am pretty sure that those cars he displays and sells from his gas station lot is forbidden by city ordinances. Not to mention GA. Curbstoning laws.
I'm just saying...

Jim Shores~17 year PTC resident
Peachtree Auto Sales
www.peachtreeautosales.com


Submitted by d.smith700 on Mon, 11/19/2007 - 9:53pm.

There are a couple of places on 54 towards Fayetteville from PTC where there has been something for sale along the road for 25 years.
I doubt that they have taken much business away from you.

Submitted by susieq on Mon, 11/19/2007 - 8:33pm.

Jim,
Cal will send you an invoice for the above advertising.

Submitted by GA Red Bug on Fri, 11/16/2007 - 11:21am.

Hyde Group will try to set a pit stop in your front yard, a parking lot for Lowes in your back, cutiing your property value by 2/3's, and tell you he tries to be a good neighbor, nothing personal, just business.

Submitted by skyspy on Fri, 11/16/2007 - 8:15am.

I bet. Does he realize that his lawsuits are raising his own taxes?

I agree with not again, boycott this idiot and his buisnesses.

Submitted by McDonoughDawg on Fri, 11/16/2007 - 9:35am.

I used to buy all my gas there. When he started this last nonsense, no more for me.

Hoosier Fan's picture
Submitted by Hoosier Fan on Fri, 11/16/2007 - 9:49am.

Can someone provide a list of Mike Hyde's businesses and locations for us to avoid?


Submitted by GA Red Bug on Fri, 11/16/2007 - 11:12am.

I believe he owns all the Pit Stop gas stations and convience stores, what else???

Submitted by McDonoughDawg on Fri, 11/16/2007 - 10:20am.

On Hwy 54 in PTC, just west of Brannon's Package.

Submitted by Doug on Thu, 11/15/2007 - 8:37pm.

It's going to be bad.

bad_ptc's picture
Submitted by bad_ptc on Thu, 11/15/2007 - 9:27pm.

This situation has nothing to do with Logsdon or the current City Council.

The exceptions to the Industrial zoning occurred long ago. However, the current/next City Council will have to deal with it.


Submitted by GA Red Bug on Fri, 11/16/2007 - 11:49am.

I believe it was quality of life concerns that motivated the growth of the Fayette County we have today, for sure PTC. A great many people moved here, at great expense in both the leaving and the coming, who had much rather have stayed in the communities they left but for the fact the quality of life there was no longer acceptable.

Do we really need more gas stations, more Lowes or Home Depots, in our demography/goegraphy? Is it really that hard on anyone getting to a gas station, or a home builders warehouse? Lets drop prices of gas and building material, not run up overhead that is then added to prices by the building of too many service stations and warehouses. I don't want to live close to a Lowes or a Pit Stop, I sure don't want my property value cut in half, I don't want a lower quality of life.

Dang It ... Let's draw the line, and elect and/or keep people who will defend that line. Vultures abound out there who couldn't care less about you, only the dollar they make by hurting you. Heck Yes! Boycott anyone, any business, and group who tries to hurt you, you're family, you're friends, you're community! Bad Neighbors be d.....!

bad_ptc's picture
Submitted by bad_ptc on Thu, 11/15/2007 - 5:41pm.

Now our current City Council is going to get blasted. The current City Council didn't create this problem but they'll have to deal with this ruling and the fallout it's going to create.

I wonder what ordinances will apply to land that is now zoned Industrial that must now allow General Commercial development.

Let's see what land the owners are going to try and build now.

Riverdale is much closer that we thought.

The fun just never stops.


Git Real's picture
Submitted by Git Real on Thu, 11/15/2007 - 5:57pm.

bad_ptc's picture
Submitted by bad_ptc on Thu, 11/15/2007 - 9:24pm.

Based on the problems you described previously, I have no doubt you will see a great improvement in the productivity of your employees and considerably less down time.(profit)

You will also see great improvement in your employees ability to cruse the net instead of working.(loss)

I wish you luck.


Git Real's picture
Submitted by Git Real on Thu, 11/15/2007 - 9:39pm.

You will also see great improvement in your employees ability to cruse the net instead of working.(loss)

Heh! Heh! Big Brother is watching them now. Evil

CLICK HERE TO READ THE THREAD REGARDING LAWYER RAMSEY'S UNKNOWN SUPPORTERS AND THE CONTROVERSY REGARDING HOW HE WOUND UP WITH $30,000.00 HANGING OUT OF HIS POCKETS WITHIN HOURS OF DAN LAKLY'S TRAGIC


eodnnaenaj1's picture
Submitted by eodnnaenaj1 on Fri, 11/16/2007 - 7:17am.

come on boss man . . . you don't pay us well, you already monitor our phone calls, and now you gonna big brother the internet too! Durn! Just when I was beginning to think you had a heart!


eodnnaenaj1's picture
Submitted by eodnnaenaj1 on Fri, 11/16/2007 - 9:07am.

Aw maaaaaaan!


Submitted by skyspy on Fri, 11/16/2007 - 8:23am.

That whole pot/kettle thing comes to mind.

Cyclist's picture
Submitted by Cyclist on Thu, 11/15/2007 - 9:44pm.

Who is watching Git?
-------------------------------------------
Caution - The Surgeon General has determined that constant blogging is an addiction that can cause a sedentary life style.


eodnnaenaj1's picture
Submitted by eodnnaenaj1 on Fri, 11/16/2007 - 7:19am.

Thanks for the 'arguement', when ole Git complains about all my time on the internet . . . I'll say thank you Mr. Pot, for calling the kettle black!


Tug13's picture
Submitted by Tug13 on Fri, 11/16/2007 - 10:26am.

LOL

Is Git picking on you? I laugh everytime I see your avatar. Git better watch out! Smiling


eodnnaenaj1's picture
Submitted by eodnnaenaj1 on Fri, 11/16/2007 - 10:35am.

Naw, he doesn't bother me, you know the other day I stated my #1 priority is to make the boss look good, and I do that very well . . .ole Git can't afford to threaten me . . .who would cover for him?!?

Glad you like the avatar!


Cyclist's picture
Submitted by Cyclist on Fri, 11/16/2007 - 10:48am.

Git, oh he is harmless. Smiling BTW, I'm working out of the house today. I had to take the youngest to the doctor. It's that time of year where they get that creeping crud stuff.
-------------------------------------------
Caution - The Surgeon General has determined that constant blogging is an addiction that can cause a sedentary life style.


eodnnaenaj1's picture
Submitted by eodnnaenaj1 on Fri, 11/16/2007 - 11:06am.

Hope doctor trip was a good one, without too much meds or expense!

Glad to know you've got the day off. I'll be rolling outta here soon. Ole Git told me to get busy, I intend to . . .sliding out of
here and on to something important! Have a good one.


Tug13's picture
Submitted by Tug13 on Fri, 11/16/2007 - 10:43am.

Good thinking, you got him where you want him! Smiling

Have a great day!


Cyclist's picture
Submitted by Cyclist on Fri, 11/16/2007 - 7:50am.

I really think this "king" thing has giving him a big head. Eye-wink
-------------------------------------------
Caution - The Surgeon General has determined that constant blogging is an addiction that can cause a sedentary life style.


eodnnaenaj1's picture
Submitted by eodnnaenaj1 on Fri, 11/16/2007 - 9:08am.

Can't play today, boss really has me on "the watch" now! Durn!


bad_ptc's picture
Submitted by bad_ptc on Thu, 11/15/2007 - 9:46pm.

I'll never tell.


Cyclist's picture
Submitted by Cyclist on Thu, 11/15/2007 - 9:57pm.

I didn't think you watched movies?
-------------------------------------------
Caution - The Surgeon General has determined that constant blogging is an addiction that can cause a sedentary life style.


Cyclist's picture
Submitted by Cyclist on Thu, 11/15/2007 - 10:02pm.

and its too late to play trivia games. I'm off to the snoring room. Good night all.
-------------------------------------------
Caution - The Surgeon General has determined that constant blogging is an addiction that can cause a sedentary life style.


hutch866's picture
Submitted by hutch866 on Thu, 11/15/2007 - 9:56pm.

Mel Brooks, history of the world part 1.

I yam what I yam...Popeye


hutch866's picture
Submitted by hutch866 on Thu, 11/15/2007 - 9:59pm.

I yam what I yam...Popeye


hutch866's picture
Submitted by hutch866 on Thu, 11/15/2007 - 10:05pm.

Your shoes ringing. tv show

I yam what I yam...Popeye


hutch866's picture
Submitted by hutch866 on Thu, 11/15/2007 - 10:11pm.

what kind of music do you have here maam?

we have both kinds, country and western.

I yam what I yam...Popeye


hutch866's picture
Submitted by hutch866 on Thu, 11/15/2007 - 10:14pm.

I yam what I yam...Popeye


Git Real's picture
Submitted by Git Real on Thu, 11/15/2007 - 10:18pm.

hutch866's picture
Submitted by hutch866 on Thu, 11/15/2007 - 10:13pm.

I yam what I yam...Popeye


hutch866's picture
Submitted by hutch866 on Thu, 11/15/2007 - 10:18pm.

calling Dr. Howard , Dr. Fine, Dr. Howard. .......Night

I yam what I yam...Popeye


hutch866's picture
Submitted by hutch866 on Thu, 11/15/2007 - 10:03pm.

it's all in the pronounciation

I yam what I yam...Popeye


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