Canceled – Franklin BOC to Hold Called Meeting Tonight on Developer Lawsuit

JUST IN: Franklin County Board of Commissioners has canceled tonight’s called meeting.

The Franklin County Board of Commissioners will meet tonight at 6p for a called session and are expected to vote on whether to accept a settlement offer from an Atlanta developer.

Corridor Development is suing Franklin County over the Board’s decision to deny them rezoning and conditional use permits to build a 399-unit townhome rental complex and strip mall at the intersection of Highways 59 and 51.

In their 16-page lawsuit filed May 4, the Company calls the Franklin County Commission’s decision “arbitrary and capricious” and a “wielding of Franklin County’s zoning ordinance to prevent the development of a residential and commercial development.”

They also claimed Corridor Development was not given any legally justifiable reason by the Board of Commissioners for denying their application.

Under the terms of the proposed settlement Corridor has agreed to cut the number of units from 399 on 47 acres to 226 on 30 acres with 7.5 units per acre, institute a homeowners association to maintain high standards and covenants, not expand the development further on the remaining 17 acres or enlarge it to any adjoining parcels, and pay all public utility fees totaling $678,000.

Citizens who spoke at the July 11 Board of Commissioners meeting against the settlement cited the enormous tax burden placed on citizens if 100’s more children from the complex attend Franklin County schools.

They pointed out that since this would be a rental community, the parents of those children would not be paying property tax to help cover the cost of adding extra children to the school system rolls. That could result in an even higher education millage rate for property owners.

Others said the area doesn’t yet have the infrastructure to support such a large complex.

County Commissioner-elect Cole Roper asked if the County had liability insurance to fight the suit, and said the Comprehensive Plan states the County must give priority to county services.

“Our Comprehensive plan states that we first take care of our volunteer firefighters, EMS, and our infrastructure. If we bring in this Corridor Development we are not taking care of our volunteer firefighters, EMS, and infrastructure,” Roper said. “The volunteer fire station closest to this will have to have a ladder truck at a cost of $1.5 to $1.6 million, which we do not have. I think y’all did an excellent job of listening to the people the first time. They don’t want it. They still don’t want it. I think they’d much rather see their tax dollars go toward fighting it and keeping it out than towards bankrupting the County and bringing it in.”

After listening to a number of citizens publicly comment against the Board’s plan to settle, Commission Chair Jason Macomson explained settling with Corridor was the best option citing Corridor’s strong case and the likelihood that they would win.

“In making a decision the Board has had to weigh and consider the possible cost of taxpayer money that would prolong litigation and the possibility the County would not prevail,” he explained. “If the County did not prevail none of the concessions by the developer would occur and any additional significant damages might be assessed against the County. In zoning cases, the government is always at a disadvantage because it’s always a question of property rights, ‘Well this is my property and why is the government telling me what I can and can’t do?’ and that’s always the case. And so the outcome is not certain.”

At that meeting, Macomson polled the other Commissioners who all said they’ve been put in a position of making a decision they’d rather not have to make.

Commissioner Robert Franklin, however, said he would like more time to review the proposed settlement before making a decision.

After hearing from the Commissioners Macomson called for a motion to agree to the settlement but no motion was raised.

“Definitely not an easy decision to make. I know where people in our county stand that have come to these meetings. I also know where people stand that don’t come to the meetings that have called. Yes, we’re tasked with making the tough decision but we’re also tasked with looking at the big picture. And in looking at the big picture, do you go to court knowing you’re going to lose?” Commissioner Edde Wester said.

Absent from tonight’s meeting and vote will be Ryan Swails who formally resigned as commissioner on July 15.  An interim commissioner to fill his District 3 seat has not yet been named.

According to County attorney Bubba Samuels, commissioners have 30 days to make a decision on whether to settle or fight the lawsuit.

After more discussion at last week’s meeting, the Board agreed to hold a called meeting tonight at 6p to further discuss the lawsuit and possibly vote on whether to agree to the settlement. The meeting takes place at the Justice Center in Carnesville and is open to the public.