T-Mobile has sued the City of Johns Creek following the City’s denial of its application to build a 134-foot cell tower on Rogers Circle.
The Johns Creek decision came after a public hearing in which five people, including a representative of the current owner of the property, spoke against the tower.
Resident Lisa Muzi presented the council with a petition signed by more than 700 residents in opposition to the tower.
Jay Stroman, vice president for advancement at Young Harris College, said as trustee of the property, the college is committed to maintaining its value. A cell tower, he said, could diminish the property value by as much as half, he said.
The college assumed ownership of the property in July, following the death of the former owner whose family had been working with T-Mobile.
City council members pointed out that the proposed site is in one of Johns Creek’s last rural areas and contains numerous historic sites. They also said they were not convinced the company explored alternatives to the site.
In its court filing, attorneys for T-Mobile said the company performed all the studies and met all the requirements set out in the city’s ordinance. It further acceded to any conditions for landscaping and buffers recommended by the planning staff.
The council’s decision, the company attorneys argued, was made in bad faith and has caused T-Mobile unnecessary trouble and expense.
Martha Mellon will give away her chickens as part of her settlement the City of Johns Creek. Mellon sued the City after it cited her for violating the zoning ordinances by raising poultry within 200 feet of a neighboring property line.
Fulton County leaders picked sides this week over the divorce of the north areas from Fulton County and their reconfiguration into Milton County.
Roswell Mayor Jere Wood, Sandy Springs Mayor Eva Galambos, and Johns Creek Mayor Mike Bodker lined up on the side of divorce and creation of the new Milton County.
John Sherman, president of the Fulton County Taxpayers Foundation, Fulton Commission Chairman John Eaves, and State Representative Roger Bruce (D-Atlanta) argued to preserve Fulton County.
The City of Johns Creek filed suit against the nonprofit Autrey Mill Nature Preserve Association Board that runs Autrey Mill Nature Preserve and Heritage Centerto take over the 46 acres of recreation and green space located on Autrey Mill Road. The City inherited the lease in January 2007 when it bought the park from Fulton County. The nonprofit has operated the park for 20 years.
“Our primary concern centers around the Association’s original lease with Fulton County and an amendment executed July 19, 2006, the day after the successful referendum vote on [Johns Creek] incorporation,” city spokesman Bill Doughty typed in an email sent to concerned residents who have contacted the city about the lawsuit.
The City contends the lease is illegal, but there is more to it.
“We own the park, we own the liability, so we should at least have some say about appropriate activities happening at the park,” Mayor Mike Bodker said.
The nonprofit has fired back.
“In these times with money short everywhere, we were shocked that the City is spending taxpayers’ dollars and forcing Autrey Mill’s nonprofit Board to divert our limited resources into a court fight,” [board member Joan] Compton said. “We are ready and able to defend Autrey Mill from a hostile takeover, but we continue to prefer to negotiate with the city and resolve our differences in a principled way.”
Autrey Mill Nature Preserve and Heritage Center posts Q & A’s here going on the offensive against the City and the lawsuit.
Q) Were you expecting to be sued by the City?
A) No, we were totally shocked. . . .
Johns Creek has fought and fought against John Coretta and his adult-oriented business The Love Shack and may have won by default. The Love Shack is closing, but vows to continue the fight.
According to the City:
It was the issue of a sexually oriented business close to a residential area, a school bus stop, and 400 young dancers that made the community nervous.
The free market did what the free market does. The community didn’t support it.
According to The Love Shack:
They’re killing a small business they don’t agree with. That’s not free enterprise. I’m sad my tax dollars would be used to do that.