On Tuesday June 19th the City of Kennesaw was served with a 24 page Complaint and De Novo Appeal by Mack Dobbs Properties (ie: Clestino Venturi). That filing is now available via direct click on link: http://kennesawpawnproblems.blogspot.com/2011/06/mack-dobbs-properties-llc-v-city-of.htmlThe item is on this blog and is the last item.
"66. The Defendants have delegated their authority to zone property to the citizens at large by basing their decision on whether there is vocal opposition to a rezoning request."
67 "Specifically in this case, the Defendants delegated their legislative authority to rezone the Subject Property to citizens speaking in opposition to the request instead of making a legislative decision based upon the zoning guidelines as outlined by the Georgia Supreme Court."
I read this nonsense as Attorney Sams saying that the great unwashed citizens of Kennesaw have no business commenting to their elected representatives on matters he feels are reserved solely to the City Council and any such 'vocal opposition' should be ignored by the 'delegated authorities'.
Of course if Mr. Venturi had a decent attorney in the Fall of 2004 and not some incompetent lawyer then Venturi would not have relied on stupid advice and entered into a 5 page agreement with the City of Kennesaw in order to have his property rezoned from residential to business.
Oh, wait a minute, the incompetent Attorney from 8 years ago was the same Garvis Sams who now claims that the City did all sorts of improper things to his poor client.
That seems to be a classic case of arguing both side of the issue.
Bill Harris
Kennesaw
