Shelly back at Tyrone Planning

Fri, 03/28/2008 - 3:19pm
By: Ben Nelms

Property owner Dick Shelley took his request to have 14 previously deleted permitted uses in the C-2 (Commercial) zoning district in 2004 reinstated in the table of uses. After a March 27 public hearing, Tyrone Planning Commission voted to recommend denial of the request to make a text amendment to the ordinance that would include the former uses.

Shelley maintains that excluding those uses had damaged his ability to lease his business rental property located at 117-119 Tyrone Road.

“One of the things I’m concerned about is getting fair hearing,” Shelley said at the beginning of the public hearing, subsequently asking that Commissioner Mary Sturm withdraw from considering his request.

Shelley cited a recent blog on The Citizen website in which he said Sturm made comments pertaining to his text amendment request referencing him has having “blinders on.” Sturm apologized for the remark and, after affirming with Town Attorney Dennis Davenport that she could render an impartial decision on the matter, decided to hear Shelley’s request.

Though Shelley later told commissioners he had not been given adequate time to address the issues, he outlined his request that the 14 uses under the C-2 zoning district previously deleted from the ordinance be added so that he could make use of the buildings constructed in the 1980s. The ability to lease the spaces is impeded under the current table of uses for the current structuring of C-2 that was accomplished under Ordinance 454, he said. Shelley said he is down to three uses under the current list of permitted uses.

Most on the commission said they believed the town could work with Shelley to reach some form of compromise for some of the uses contained in the 14 he is requesting in the text amendment. Shelley agreed that such a compromise might be possible, adding that, in his opinion, the proper discretion had not be utilized in the past by the zoning administrator.

Commenting on the matter, Davenport said he could not account for past actions. Adding to the discussion, Town Manager Chris Venice said some of the uses Shelley was requesting are allowed in the C-3 zoning district but not in C-2, as Sturm had suggested minutes earlier.

During the discussion, Commissioner David Nebergall also believed some form of compromise could be worked out, adding that he would be concerned about changing the permitted uses in C-2 to include all 14 items in Shelley’s request.

Chairman Gordon Shenkle also weighed in, saying he did not believe that all 14 uses could be added in C-2.

A subsequent motion was made to deny adding the 14 permitted uses to the C-2 zoning district. The vote passed unanimously.

Shelley filed suit against the town in July 2007, seeking $2.3 million in damages over loss of business and claiming abuse of discretion by the town and unreasonable government interference. The suit maintained that the 2004 council zoning decision to remove the permitted uses in C-2 is unlawful as was a subsequent refusal to re-issue a business license to a 18-year tenant on Shelley’s property.

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Submitted by rm.snell on Sun, 03/30/2008 - 4:02am.

Dick you do not give up I gotta say that for you. The lawsuit must not be going well if you are back before the commision and council one more time.
Th best part of the article is GORDON SHENKLE WEIGHED IN ON THE SUBJECT....that man weighs in on everything. Now that was a great play on words.
Good article citizen

Submitted by TyroneConfidential on Mon, 03/31/2008 - 5:02pm.

The wheels of justice always turn slowly Snell, but the lawsuit can be generally characterized as "the Town of Tyrone can run, but it can't hide". In various motions, the plaintiff has presented 53 supporting documents of evidence, with more to come, including two altered tapes of Planning Hearings, a criminal offense. Tyrone has responded with one document, an untrue sworn affidavit from Valerie Fowler. Mark my word, she will be proven to be a liar on the witness stand.

July 2007 - Suit filed in Fayette Superior Court. Tyrone Atty. Brad Sears tries to frighten plaintiff by filing a complaint with the GA. Bar, accusing plaintiff of practicing law without a license. This unethical procedure failed.

Aug. 2007 - Sears tries to delay lawsuit by having it remove to his buddy, Federal Court Judge Jack Camp, whose office is directly across the street in Newnan from Sears office....Mayor Sheryl Lee answers lawsuit admitting that Valerie has been illegally issuing business licenses to regulate land uses. Tyrone stops issuing business licenses. This issue will go against Tyrone at trial as a fraudulent misrepresentation of Tyrone laws by Valerie.

Sept. 2007 - Tyrone takes Sears off the case and hires a 28 year old
pregnant girl Leigh Hancher for their defense, who just graduated from
Georgia State Law School. More delay....Tyrone files court required
disclosures naming as witnesses, the now fired Barry Amos, the under fire and demoted Valerie Fowler, the removed Planner Ginger Blackstone and removed Planning consultant and author of Ordinance 454, Maureen Gresham...... The Plaintiff's witness lists contains 27 names including Harlie Deyton, Don Rehwaldt, Grace Caldwell, Gloria Furr, Sheryl Lee, Mike Smola, Hank Sanak, Walter's Auto, Wayne Adams, David Nebergall, Jeff Alexander, Allen Stanley, Keith May and an expert witness on property devaluation to name a few......The court designates a 6 month discovery period before trial due to the complexity of the lawsuit, which ended in February 2008.

Dec. 2007 - Town Lawyer Hancher then scheduled plaintiff for a deposition on Dec 18, and plaintiff schedules Grace Caldwell for deposition on the same day. ....The inexperienced Hancher tells plaintiff that she is not representing Town Council....... Caldwell tells plaintiff she's never heard of Hancher, that she thought Sears was handling this case, but agrees to come.......Dec. 17, 6 PM - Hancher notifies plaintiff on his voice mail that Caldwell will not be at the 18th deposition......Dec. 18 - Caldwell doesn't show up and Hancher reluctantly admits she is now representing Caldwell, thereby violating court procedures. Contempt of Court Procedures on being filed against Hancher.

Jan. 16, 2008 - Plaintiff schedules Court Required Settlement conference with Hancher to held with newly elected Council...... Someone at Townhall tell Smola about this confidential information and before the new council has received it, Smola tells Council on Jan. 3 not to settle.

Jan. 17, 2008 - New Council meets in executive session and violates Court Procedure by voting not to attend the settlement conference, but doesn't notify the public of the vote.

Jan. 18, 2008 - Hancher notifies plaintiff that the settlement
conference is still on for Jan. 29.

Week of Jan 21 - Plaintiff hears a rumor that council rejected the
settlement conference in secret session and calls Mayor Rehwaldt.
Rehwaldt says that he doesn't know anything about it. Plaintiff calls Town Atty Davenport who confirms the secret vote.

Jan. 29, 2008 - Lawyer Hancher files a maternity leave of absence with the court until June 5. The court delays the trial calendar to Fall 2008.

Delay is Tyrone's only defense. Tyrone's Council is gambling with the taxpayers money. Plaintiff learned in discovery in Nov. that the
Town's insurance policy does not cover any of the claims if they lose. Rehwaldt knows this because plaintiff gave him the policy before he took office. The damages on inverse condemnation alone now exceed $300,000, and are increasing at a rate of over $6,000 per month. The taxpayers should demand a speedy trial. At $6,000 per month plaintiff doesn't care how long he waits. The standard for a jury is the preponderance of the evidence. Right now that score is plaintiff 77, Town 1.

Submitted by oldbeachbear on Sun, 03/30/2008 - 8:37am.

you are mean and spitefull. Gordon Shenkle is a diabetic and takes insulin you moron. He is very smart and we are lucky to have him on the planning committe. I don't know why they aren't giving Shelly back his uses, I thought they were taken away kind of under the table by the last group. I thought there wasn't anything posted on his property nor was and he notified by the old group they were changing his property rights. There use to be a lot of that.

Submitted by rm.snell on Mon, 03/31/2008 - 3:32am.

There are many people that take insulin that are healthy and not as large. If Shenkle is diabetic he needs to loose some weight. It would be in his favor. I wish him luck in that endeavor. He needs too. Mike Smola is not who I am. Sorry.

Submitted by PreciousStahr on Mon, 03/31/2008 - 7:53am.

Yeah Old Bear, Rm.Snell/DoDudley is not Mike. He is Mickey Mouse, gets up before 4am to blog then burning gas driving around his town the rest of the day. He could be a mayor of Tyrone. (He thinks).

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