BRAD SEARS LOSES ZONING CASE

On December 22, the front page of the Tyrone Citizen printed the story "Walker Bros is victorious in lawsuit." The Fairburn City Council had denied walker a business permit. Brad Sears, also Tyrone's Attorney represented Fairburn, arguing that Walker did not follow administrative remedies. That's the same defense he's using in the case of Shelley vs. Tyrone except that Tyrone's Council has denied numerous licenses, when they don't even have a business license law. Tyrone has fraudulently used an Occupational Tax as a Business License. The Citizen Newspaper stated that the case was over before it started. The Judge ruled that Fairburn's actions were a "gross abuse of discretion", again the same complaint in the Tyrone lawsuit. The Judge also noted that Fairburn's Planning Commission presented no studies or facts for the Council to consider. Also, the same problem Tyrone has when they passed Ordinance No. 454. The Judge's ruling now leaves open a damage claim for Walker of Inverse Condemnation, a 5th Amendment taking of land uses without just compensation. The Courts have ruled that the measure of damages extends from the date of taking to the date the decision is ruled void. In Walker's case it is 4 months. In Tyrone's case its 4 years. Tyrone's damages can be computed to over $300,000 to date and increasing every day at the rate of over $6000 per month until Tyrone's Council repeals Ordinance 454; not for just the current lawsuit but for each and every business or property owner denied their land uses.

I feel the group

Submitted by suggarfoot on Sun, 12/23/2007 - 1:52pm.

that took office in Tyrone will be much more business friendly and much less developer friendly. The town is not up for sale anymore and we will look out for our businesses and citizen who are already here.

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