Maxwell to Dunn: ‘I’m no developer’

Tue, 07/11/2006 - 4:17pm
By: John Munford

Fayette County Commission candidate Eric Maxwell has denied a charge from opponent Greg Dunn that Maxwell is a developer.

“Mr. Maxwell, the trial attorney, turns out to also be Mr. Maxwell, the developer,” Dunn said in an essay e-mailed to The Citizen last week.

Maxwell, a Fayetteville attorney, confirmed Friday that he has half ownership in a development company that holds only one property, both of which he disclosed on a campaign election filing that is a public record.

However, in his disclosure form, he omitted the word, “Development,” from the legal name of his company. The company he listed, C&E, Inc., does not appear in the records kept by the Georgia Secretary of State.

Maxwell also serves on the board of directors of another company, Autera Properties, Inc., an association that did not show up in his disclosure documents. However, Maxwell listed a $2,000 donation from chiropractor Matt Autera.

The parcel Maxwell mentioned is a 37-acre tract in Coweta County that Maxwell said he uses for hunting and riding his four-wheeler.

Maxwell said he hoped, at some point in the future, to make a profit when selling the property, located east of Senoia, but there are no immediate plans to take such action, he said.

“I am not a developer,” Maxwell told The Citizen in an interview Friday morning. “I am an attorney.”

In a campaign essay that was submitted past The Citizen’s deadline for publication, Dunn accused Maxwell of “failing to reveal his strong ties and membership in the development community.”

Dunn said Monday that even though Maxwell and C&E Development, Inc., only owns one property, he still contends Maxwell should be more upfront about his “sinewy connections to developers.”

“Can you imagine if I had become a partner in a development company?” Dunn said in an interview Monday, ruminating on the controversy that might stir since he is serving not only as the Post 5 member on the board of commissioners but also as its chairman. Dunn said he didn’t have any business or financial ties to any development or industrial entity.

The property ownership was included in his financial disclosure statement, which each candidate is required to file, but he listed the company as C&E, Inc., not as C&E Development Corporation, which is its true, legal title.

Maxwell said he didn’t intend to incorrectly list the company’s name, but he has always called it “C and E” which represents the initials of his and his friend’s first names.

Maxwell also listed himself as owner of that Coweta tract of land, which is off Ga. Highway 85 North outside Senoia.

Dunn also accused Maxwell of failing to list the fact that he is on the board of directors for Autera Properties, a company that owns a chiropractic building in Fayetteville.

The law requires candidates to disclose if they hold a fiduciary position or direct ownership in a business entity, and in this case Maxwell said he has no ownership or financial duties, although he is on the board of directors, Maxwell said.

“I have never handled a penny of their money, or received any pay from Autera’s money, and I do not have an ownership interest,” Maxwell said.

Dunn countered that being on the board of directors is reason enough to list the position on the disclosure report.

Maxwell is an attorney who also works part-time as the municipal court judge for Peachtree City. Dunn is retired from a military career, but lists on his disclosure report that his employment is as a county commissioner. Dunn also discloses that he is a minority partner in the World’s Gym in Fayetteville and he has more than $10,000 invested in Exxon Mobil.

Dunn said he didn’t think there was anything wrong with Maxwell co-owning a development company or serving as the registered agent for other development companies, which is commonplace for attorneys to do.

“I didn’t say he did anything wrong,” Dunn said, noting that he only questioned the appropriateness of Maxwell’s disclosure statement. “... I never had any problems with Eric, until he started calling me names and everything.”

Maxwell, who lives on a 37-acre estate off Redwine Road, said he once purchased 10 acres near his home after learning that a developer wanted to buy that parcel.

Maxwell has contended that he wants to follow the county’s land use plan, with larger lots on the county’s south side and lots of one acre or more on the north side.

Maxwell also defended Dunn’s criticism of his support for a senior housing project that would have been located near Fayette Community Hospital that would have featured more than 3,000 homes on more than 1,200 acres along Sandy Creek Road for seniors 55 and over. It would have had an amenities clubhouse and an 18-hole golf course.

Maxwell said that development wouldn’t have any impact on the county’s schools, and noted that seniors typically don’t use many police services, although they would be expected to use the EMS services a little more than regular subdivisions. He also said it was smart to locate that subdivision near Piedmont Fayette Hospital.

The project was turned down by the commission earlier this year, and it would have needed sewer service from the city of Fayetteville for it to be developed.

Dunn said that project would have gone against the county’s land use plan and zoning regulations, which require a minimum lot size of one acre.

The County Commission generally has resisted attempts to provide sewer service to parcels located in the unincorporated county, which is a natural inhibitor to growth because the other option of installing a septic system requires a minimum lot size of one acre.

The county even sued Tyrone in an attempt to block the town from getting sewer access from Fairburn. The suit failed, however, and the county also recently allowed a subdivision south of Peachtree City to hook onto the city’s sewer system, although that was in large part due to a state law requiring developments to hook up to sewer service if they are within 500 feet of a sewer line.

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Robert W. Morgan's picture
Submitted by Robert W. Morgan on Wed, 07/12/2006 - 6:46pm.

Petty, petty Greg Dunn.

Good guy Eric Maxwell.

Idiotic, opportunist newspaper for trying to stir up the mud that they hope the candidates will sling at each other.

That being said, neither one of these guys is smart enough to be a real developer, but that's not the issue. The character of the mudslingers is very important to me because it shows what they think of the rest of us. Again, Dunn loses that scutiny.

Maxwell and Chapman all the way!!

Whoops, typo - Smith instead of Chapman, please.


PTC Guy's picture
Submitted by PTC Guy on Wed, 07/12/2006 - 5:47pm.

I am on the Secretary of State corporations page as I type.

http://www.sos.state.ga.us/corporations/

I search corporate officers for Eric Maxwell. I get one return.

THE LAW OFFICE OF ERIC K. MAXWELL, P.C.

I search Agents

I get:

Name Name Type
AUTERA PROPERTIES, INC. Current Name

--------------------------------------------------------------------------------

Profit Corporation - Domestic - Information
Control No.: K818275
Status: Active/Compliance

Entity Creation Date: 5/7/1998

Jurisdiction: GA
Principal Office Address: 1952 HIGHWAY 54 W
FAYETTEVILLE GA 30214-4775
Principal Mailing Address: No Address
Last Annual Registration Filed Date: 1/17/2006
Last Annual Registration Filed: 2006

--------------------------------------------------------------------------------

Registered Agent

Agent Name: ERIC MAXWELL PC
Office Address: 225 SOUTH FLYNN ST
FAYETTEVILLE GA 30214
Agent County: FAYETTE

--------------------------------------------------------------------------------

Officers

Title: CEO
Name: DR MATHEW T AUTERA
Address: 1952 HIGHWAY 54 W
FAYETTEVILLE GA 30214

-----------------------------

Maxwell is not an officer, but an agent. An agent can be a lawyer representing someone in a legal capacity. That does not make him a developer.

And when you look at the telephone book you find AUTERA HEALTH CENTER, not properties, listed.

Yep, it says Properties at State level, but Health Center at everything local at that address.

Google AUTERA PROPERTIES, INC and you get the Health Center, which most interestingly is found in a Real Estate listing as being for lease.

http://www.bizjournals.com/bizspace/atlanta/results/simple/?n=18&sale_lease=lease&use_type_id=1

As for C&E Development, again Maxwell is an agent, not a officer.

And, a quick phone book search came up dry. Which may not mean much, since it was quick.

Google also came up empty.

Developing what? Don't know.

That is as far as I went with this.

This whole thing from Dunn smells bad.
-----------------------------
Keeping it real and to the core of the issue, not the peripherals.


Submitted by tonto707 on Wed, 07/12/2006 - 6:11pm.

everything Dunn does smells bad!

Lawyers and/or CPAs are usually named as agents of corporations, nothing new or unusual about that. It's simply Dunn trying desperately to salvage a lost cause. Dunn id done.

Submitted by lifeinptc on Wed, 07/12/2006 - 6:17pm.

But why is Cal and John chiming in on that?

Submitted by Harvey on Wed, 07/12/2006 - 6:50pm.

This really catches me off guard.

Submitted by lifeinptc on Wed, 07/12/2006 - 5:54pm.

I was too lazy to do it but I'm glad to know the info.

Submitted by 30YearResident on Wed, 07/12/2006 - 11:06am.

It appears Mr. Dunn is feeling the heat and bringing out the mudslinging.

Since Mr. Maxwell is on the board of a small company that's involved in development and Mr. Dunn has stock in Exxon, can we use the same logic and blame the high gas prices on Greg?

Submitted by allend on Wed, 07/12/2006 - 9:46am.

This is propaganda against Maxwell. What's that about?

Voice of Fayette Future's picture
Submitted by Voice of Fayett... on Wed, 07/12/2006 - 9:08am.

I will in fact be voting for Mr. Dunn. He is arrogant, his wife is pushy and his use of law suits and attorneys displays qualities I do not approve of. I therefore agree with Mr. Beverly.

However, I resent the use of "News Stories" to promote a favored candidate. This is precisely what Mr. Munford has done. Had Mr. Munford (and the Citizen) been consistently reporting campaign transgressions in the past, then perhaps the consistency would have given rise to some literary entitlement.

But far too often in the past, Mr. Munford (and the Citizen) will cowtow to the "favored ones" and ignore campaign "events" of far greater significance than this story. In my view, this is a journalistic twist to take a last minute cheap shot at Mr. Maxwell.

You should stop playing favorites in the News section. Confine it to the Editorials.


Submitted by lifeinptc on Tue, 07/11/2006 - 5:35pm.

Everyone knows that politicians try a slam dunk the last publication before an election. My question is why, John, did you try to give it to Dunn? You're quoting essays turned in after deadline when you refused to publish Maxwell's essay last week because it was after deadline. This seems very unlike you.

I didn't read anything that said Maxwell was developing anything. He has something to do with a Chiropractic clinic. So?

If this article was going to be written it should have been done so a few weeks ago so that the details could unfold. If there was substance to it that would be one thing be there doesn't appear to be any.

I noticed Dunn whining about name calling. I haven't seen Maxwell do any name calling but I may have missed it. My first thought was....uh, Greg, have you seen any of your wifes vicious blogs?

John Munford's picture
Submitted by John Munford on Wed, 07/12/2006 - 9:41am.

Why is this a news story? There are so many reasons...

1. Calling somebody a developer around here, especially during campaign time, is mud-slinging of the highest degree.

2. The incumbent is using this allegation to characterize (or some would say mischaracterize) his opponent as voters are heading to the polls this very week (early voting) and everyone else will vote Tuesday.

3. The opponent says it simply isn't true. Yes, that's right, it's in the HEADLINE and in the STORY!!!

4. The people/voters deserve to know that if Maxwell is a developer, he's not a high-fallutin' one. Just one 37-acre tract that he only owns half of?

So, explain to me just how this wasn't a fair and balanced report showing BOTH sides of the issue?

Heck, we brought up the county-sheriff dispute legal fees just recently too. Was that unfair? No, we presented a factual account with plenty of opportunity for Dunn to have his say on the issue.

Newspapers don't ignore news. Period. It's true that we can't give a blow by blow account of all the inaccuracies of everyone's campaign material, but then again remember this paper, and this web site, is free to you the consumer.

If you appreciate The Citizen, please patronize our loyal advertisers. And if there are other campaign transgressions you want to publicize, be our guest and post/blog away!


Submitted by rhino on Tue, 07/11/2006 - 5:40pm.

You're quoting essays turned in after deadline when you refused to publish Maxwell's essay last week because it was after deadline. This seems very unlike you.

I had the very same question.

JJSXU's picture
Submitted by JJSXU on Tue, 07/11/2006 - 5:17pm.

If it looks like a duck, quacks like a duck, there is reasonable assurance that in fact, it is a duck!! An old saying passed on to me may years ago from my folks -- you are judged by the company you keep -- NOT by the words you utter!!!


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