Franklin County Responds to Corridor/Bond Lawsuit

Franklin County is moving forward with a response to the lawsuit brought by Corridor Development, LLC but it will likely be sometime next year before the case goes to trial or is settled.

Senior Superior Court Judge Samuel Ozburn, in an order issued on August 11, extended to August 15 the deadline for the County to conduct discovery and respond to the lawsuit.

On August 15, the County filed its response in Franklin County Superior Court. Read the County’s full response here: ANSWER (1)

The lawsuit was brought by Corridor Development and property owners John T. Bond and Clinton L. Bond after County Commissioners voted in April to deny their application for rezoning and conditional use permit to build a 399-unit rental complex at the intersection of Highways 51 and 59 in Sandy Cross.

In the 15-page response to the lawsuit, County Attorney Bubba Samuels asserted 16 defense line items challenging the legality of the Corridor/Bond suit.

First, Samuels stated Corridor failed to state any claim against Franklin County or any of the Defendants, which included former County Commission Chair Jason Macomson and the Board of Commissioners.

Additionally, Samuels argued that the Board and the County Commission Chair have legislative and sovereign immunity.

Samuels also stated that Franklin County, Macomson, and the Board of Commissioners have legislative immunity.

Samuels argued that the individual claims against the Board of Commissioners and Macomson must be dismissed and are not proper in a zoning challenge.

In response to each of the allegations presented in the lawsuit brought by Corridor and the Bonds, Samuels either denied their allegations or stated the County had no knowledge or insufficient information to form a belief as to whether the allegation was true.

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.

Both sides will now begin the process of preparing for trial by filing written discovery, filing responses, and identifying any experts they plan to have testify.

Judge Ozburn has given both sides until January 15 to file any dispositive motions before going to trial.