When
performing legal work for a municipality, whether it be
an in-house attorney or a private firm working under a
contract, the ever-lingering threat of citizens and
companies that may want to take you to court over a
ruling or other controversial municipal decision comes
with the territory.
But while
some tracts of land in Peachtree City have a long and
rich history of litigation, and the City Council has
addressed several potentially explosive issues in the
past few years, the actual court docket is rather light
right now where the city is concerned.
There are
currently five lawsuits pending against the city,
according to city attorney Rick Lindsey of Webb, Stuckey
and Lindsey. All of them concern development-related
issues.
The most
recent action to make headlines was Pathway Communities'
decision to file suit over the city's recently adopted
traffic impact ordinance. During council debates late
last year, Pathway representatives repeatedly asserted
that the move was unconstitutional.
The suit
was filed the morning after a vote on the ordinance was
taken at a regular Thursday night council meeting.
The city
has filed its response as required by law, Lindsey said,
but the plaintiffs are not pursuing the case with an
extraordinary amount of vigor.
Lindsey
said that George Rosenzweig, Pathway's attorney in the
case, told him recently the suit was filed mainly because
a challenge to an ordinance of this type must be filed
within a certain time frame. Rosenzweig also reported
that Pathway hopes to resolve the conflict outside the
courtroom by working with city staff, Lindsey said.
The same
situation essentially exists with Pathway's suit over the
city's buffer ordinance, filed a couple of years ago.
There has been virtually no action since the action was
filed, Lindsey said.
The Black
family, who owns property on the southern end of the city
on Ga. Highway 74, also filed a lawsuit over the buffer
ordinance at about the same time. They are also involved
in some of oldest ongoing legal actions in Fayette
County, according to Lindsey.
Two other
Black property suits involve rezonings, and both of them
were filed in the late 1980s. Some extensive discovery
took place about 12 years ago, Lindsey said, but the
cases have lain dormant most of the time since.
"They
may heat up one day," said Lindsey. "They may
never heat up."
He added
that the up side to these suits being dormant is the fact
that no expensive legal time is being spent on them, thus
saving the city money until they can be resolved.







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