The Peachtree

City Council has been sued for failing to vote on a property owner's appeal

of a plan for a car wash in the Kedron Village area that was denied by

the city's planning commission.

Former city

attorney Rick Lindsey, representing Peachtree City Holdings and developer

John Williams, is asking the court to force the city to rule the plan

is legal. Until last year, Lindsey defended the city from such lawsuits

as his.

Council considered

the issue July 17 but could not vote on the matter after three council

members recused themselves from the vote.

That inaction,

Lindsey wrote, resulted in the Planning Commission's decision "being

affirmed by default."

Councilmen

Dan Tennant and Murray Weed abstained because they live close to the location.

Annie McMenamin also recused herself, saying her daughter is an attorney

with Lindsey's firm.

The site for

the car wash, which would be on the northeast corner of the intersection

of Georgian Park and Newgate Road, has been zoned general commercial for

over four years, Lindsey argued in his complaint to the court.

And when the

Planning Commission denied the concept plan at its June 23 meeting, it

failed to say the plan was in violation of any city ordinances, Lindsey

added.