Plaintiff Requests Discovery/Interrogatories

Defendant's Answer and Defenses

The City of Kennesaw has submitted its response to the Civil Suit filed by Venturi. The submission runs 24 pages and provides 20 defenses. Below are the first five pages, showing 17 of those defenses.

Of particular interest is #13, reading in part: 
Plaintiff proposed, agreed to, and then knowingly violated the very zoning condition that it sought to have lifted in its 2012 Application and that it continues to complain about in the instant action."  I believe that is legal jargon for what us common folks would translate as "Venturi whines a lot".  

Clearly Venturi has wasted his money with the Sams filing and the City is asking the Court to make him pay for our costs as well.

The remainder of the document can be found at:  http://www.cobbsuperiorcourtclerk.org/courts/docAltiffFS.asp?tiffFile=T4225694&pagesFile=24&currPage=1&cfn=20120119176   

For larger image right click then 'open in new window'

Ready for new tenants-

With Cruchelow Jewelry and Loan now moved to Marietta the double wide store front in the Venturi mall has been cleaned out, the old rugs and display cases are gone, the name and hours removed from the windows. The large sign over the store remains for now.

After leaving Kennesaw, pawnshop to opens anew

After leaving Kennesaw, pawnshop to opens anew

by Rachel Cooper
rcooper@mdjonline.com The Marietta Daily Journal

July 11, 2012 01:02 AM |

MARIETTA — Cruchelow Jewelry and Loan, the pawn shop forced out of a Kennesaw shopping center in recent weeks, apparently plans to set up shop in Marietta.

Marietta granted a business license effective July 1 for the store at 1245 Bellemeade Drive, in the Bellemeade Shopping Center, near Powder Springs Street.

When a reporter visited the address on Tuesday, there was no sign the store opened yet. A woman who answered the business’s telephone number declined to comment, saying she was tired of the media attention. A telephone call to their lawyer was not returned.

John and Serena Cruchelow originally opened their store in Kennesaw on Cobb Parkway, in the Mack Dobbs Point strip mall. That store opened on Dec. 28, 2011, and closed in late June.

In what the City of Kennesaw admits was an oversight, the city

granted a business license to the store, despite zoning restrictions put in place in 2004 that prohibited pawn shops and certain other kinds of businesses from opening in that particular mall. Celestino Venturi, who originally developed the mall, still owns it.

In February, Bill Harris, a resident of nearby Summer Stream neighborhood in Kennesaw, noticed small yard signs for the pawn shop and soon he and other neighbors began petitioning the city council to close the shop.

After Kennesaw’s City Council in May rejected a variance request that would allow the pawn shop to stay open, Venturi filed an appeal in Cobb Superior Court on June 15, arguing in part that his constitutional rights have been violated and seeking damages. As of late Tuesday, the city had not filed its response in the case.

=======================================================
See additional photos at:  http://johncruchelow.blogspot.com/2012/07/blog-post.html
The new location is undergoing renovations and is not currently open for business.  It is located behind the Bellemeade Shopping Center, directly behind the Dollar General Store.  It is in a very downmarket neighborhood.

Cruchelow is now located in Marietta

Detail info:   CRUCHELOW JEWELRY & LOAN

Date Opened: 7/1/2012 Business Name: CRUCHELOW JEWELRY & LOAN Owner: CRUCHELOW JEWELRY & LOAN LLC Business Address: 1245 BELLEMEADE DR MARIETTA, GA Business Phone: (770) 672-6933 Mailing Address: CRUCHELOW JEWELRY & LOAN 1245 BELLEMEADE DR SW MARIETTA , GA 30008-3614 Description: PAWNSHOP/PREC METALS/GEMS REGULATORY FEE

Bellemead Shopping Center
1135-1171 Powder Springs St Marietta, GA 30064

The Bellemeade Shopping Center houses two anchor stores which are Food Depot and Dollar General.  The relocated Cruchelow Jewelry and Loan is located behind the Food Depot store in a seperate building which as of July 13th is under going renovations and may open in August.  This is a downmarket minority neighborhood and there are several other Pawn Shops in this area.

The two large stores and Mexican restaurant increase the foot traffic of the smaller stores which include, Jackson Hewitt tax service center, a thrift store, and a car insurance company. This complex is across the street from the Cobb County Community Resource Center, right behind Citgo off of Powder Springs street and convenient to I-75 and the 120 loop.

Handicap Accessible: This location is ground level, with handicap access ramps and parking.

Products: Groceries, homehold goods, insurance, tax services, dining, clothing and now a Pawn Shop.

Service Documents

Right click for larger document, then click on  'open in new window'

Shopping center owner sues city over zoning rules

by Geoff FolsomThe Marietta Daily Journal

June 22, 2012 12:00 AM

 KENNESAW — The owner of a shopping center where a pawnshop was recently forced to close is suing the city, saying zoning stipulations violated his constitutional rights.

The lawsuit, filed June 15 in Cobb Superior Court by Mack Dobbs Properties LLC, names the city of Kennesaw, as well as Mayor Mark Mathews and the city council members as defendants. The lawsuit states that the city’s zoning ordinance violates the state constitution.

When Celestino Venturi was opening the shopping center in 2004, he agreed to a stipulation prohibiting him from opening a pawnshop. But last year, he signed a five-year lease with the Cruchelow Jewelry & Loan pawnshop, which after a city oversight and subsequent city council approval received a business license, as well as pawn and precious metal licenses.

The store closed earlier this month after the city council refused to agree to an amendment to the Mack Dobbs Point shopping center’s zoning that would have allowed for pawnshops to be included among acceptable uses at the site.

But now the lawsuit asks that the city be directed to work with Venturi to rezone the property, claiming that the city has made no effort to prove that its denial of the rezoning the property was constitutional.

The City Council acted on the recommendation of Kennesaw’s planning commission and voted down the proposed rezoning by a 5-0 vote on May 16.

The conditional zoning classification for the shopping center is equivalent to “a substantial destruction of plaintiff’s valuable property rights,” the lawsuit states.

The suit also criticizes the zoning hearings the city holds because they limit the time they allow applicants to make a case for rezoning and don’t allow for proper response to opposition.

“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 zoning request,” the lawsuit states.

The suit asks for unspecified “appropriate damages,” as well as court costs, including attorney fees.

Mathews said Thursday that he couldn’t comment on pending litigation.

Efforts to reach Venturi’s lawyer; Garvis Sams of the Marietta firm of Sams, Larkin & Huff; were not successful.

Read more: The Marietta Daily Journal - Shopping center owner sues city over zoning rules
========================================================

Note:  A copy of this filing is available at the end of the blog or use direct link to go to it:  http://kennesawpawnproblems.blogspot.com/2011/06/mack-dobbs-properties-llc-v-city-of.html

Just a few minor observations FYI:

1) Venturi had 30 days to file and his lawyer filed on the 30th day, June 15th,

2) The shop is now abandoned and the Cruchelow's have moved out on the weekend of June 9/10th,

3) In his complaint Attorney Sams repeatedly slams the City for listening "to citizens speaking in opposition to the request" (P. 19 at 66 and 67). Seems he thinks that the City should only have listened to him, however he did speak for 22 minutes for the zoning change, while the 'citizens' comments were limited to 10 minutes in total.

4) Attorney Sams is the same person who drafted the 5 page stipulation letter in '04 wherein client Mr. Venturi agreed to exclude 28 types of business from the mall - now Sams is in effect arguing that all those restrictions he had his client agree to were unconstitutional.

Q: So why did Sams draft the '04 document if he was getting his client to agree to something 'unconstitutional'?

5) If the various arguments 'for' a zoning change have any validity then they should have been argued 8 years ago. Venturi/Sams had ample opportunity to make their case then, but rather chose to waive any such claims in favor of executing the 5 page letter of stipulations. "If you snooze, you loose." IMHO Venturi/Sams waived any challenges in '04 by signing away their 'rights' in favor of a zoning change then.

No redo now Mr. Venturi, one bite at the apple is all you get.

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.html

The item is on this blog and is the last item. 

I would draw readers attention to page 19 and the statements made therein by Attorney Sams: 
"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

Pawn shop at center of controversy shuts down

Posted: Jun 13, 2012 7:37 AM EDTUpdated: Jun 13, 2012 7:42 AM EDT

By Sonia Moghe - email

KENNESAW, GA (CBS ATLANTA) -  

A Kennesaw pawn shop, Cruchelow Jewelry and Loan, has shut down, after three months of fighting by neighbors.

Those neighbors said that in 2004 a Roswell man named Tino Venturi promised them if they would permit Kennesaw to change a piece of land in their neighborhood from residential to commercial, he wouldn't allow any shops, such as pawn shops.

Nearly eight years later, neighbors said that promise was broken, by both the city and landlord, by allowing Cruchelow Jewelry and Loan to set up shop. Neighbors like Bill Harris have been fighting since then.

"I think the city really believed that it was getting a jewelry store," Harris said. "It was like three and a half months of turmoil that we really didn't need."

After CBS Atlanta News did multiple stories, the store removed flashing "pawn" signs from its walls.

At a packed public meeting in March, Kennesaw Mayor Mark Mathews owned up to the city's mistake.

"We made a terrible, terrible oversight," Mathews said. "For that I apologize to the residents, I apologize to the business owner. They shouldn't be in that position."

As of Tuesday, Cruchelow Jewelry and Loan has removed most items from inside of its shop. There are no signs saying where, if anywhere, the business will move.

Sonia Moghe, a Reporter for CBS Atlanta filmed a segment on the closed Pawn Shop 6/12/2012.  Link to CBS News Report:  http://www.cbsatlanta.com/video?clipId=7391424&autostart=true

"Pawnshop gives up fight, closes in Kennesaw"

by Geoff Folsom
gfolsom@mdjonline.com The Marietta Daily Journal

June 12, 2012 01:17 AM

KENNESAW — A Kennesaw pawnshop has apparently given up its fight to remain open after a months-long battle with its neighbors and the city.

Cruchelow Jewelry & Loan, located at Cobb Parkway and Mack Dobbs Road, was closed Monday, with little merchandise remaining inside the store, which took up two suites in the Mack Dobbs Point shopping center. The store opened late last year despite a stipulation in the strip mall’s 2004 zoning that prohibited a pawnshop from opening there.

“I couldn’t really believe it,” said Bill Harris, a nearby resident who has maintained a website critical of the store. “It’s too easy.”

A city oversight, and subsequent council approval, allowed the store to get business, pawn and precious metal licenses. But the Kennesaw City Council voted 5-0 on May 16 to deny a request from property owner Celestino Venturi to amend the zoning and allow the pawnshop to stay open, paving the way for the store’s closure.

The final vote was the last step in the back and forth between Venturi, store owners John and Serena Cruchelow, the city and residents of nearby Summer Stream and Summerbrooke subdivisions. After the May meeting, Venturi’s attorney, Garvis Sams, said he planned to fight the decision in Cobb Superior Court, but efforts to reach him and Venturi were unsuccessful Monday afternoon.

The Cruchelows’ lawyer, Michael Pryor of Atlanta, said he didn’t know of the store closing and couldn’t comment on what his clients’ next step might be.

The store had been threatened with closure before city council once before. An April 2 hearing was called to determine if the pawnshop violated a state law prohibiting pawn brokers from having the word “loan” in their name. But Mayor Mark Mathews said the city had no ordinance prohibiting such advertising in its ordinance, which meant it had no jurisdiction to enforce the law.

On Monday, Kennesaw city officials were either unavailable, didn’t know about the case or didn’t return phone calls seeking comment.

Harris said a neighbor noticed activity outside the store over the weekend. He later went to check the site for himself and saw it was “90 percent” empty, with some rugs and other items left.

“They may have already opened somewhere else,” Harris said. “As long as it’s not in my neighborhood.”

In April, the Cruchelows said they could not afford to move to a new location because they had already spent $40,000 to remodel and stock the Mack Dobbs Point store.

Calls to the pawnshop went unanswered Monday.

Read more: The Marietta Daily Journal - Pawnshop gives up fight closes in Kennesaw

Cruchelow Pawn Shop is now closed

As of Monday June 11th the illegal Pawn Shop "Cruchelow Jewelry and Loan", in the strip mall called Mack Dobbs Point is now closed.
Over the weekend the majority of the contents were removed. As of today (Monday June 11th) the shop is locked and 90% empty. Left behind were some rugs on the floor, display cases etc.

This was an expensive and unfortunate problem which in my estimation was caused by both parties.

1)  Clearly Tino Venturi, the Owner of that strip mall, and Garvis Sams, his lawyer, knew that such usage was prohibited by the very agreement they signed with the city 8 years before.   Venturi clearly knew the usage of the shop was that of a 'pawn shop' as the lease he prepared for the Cruchelow's to sign indicated that twice, once even on the very first page of the lease,

2)  It has been testified to before under oath before the Kennesaw City Commission that the Cruchelow's had been bragging in their Kennesaw neighborhood that they had gotten around the Kennesaw ban on pawn shops in that mall.

Neither Venturi nor Cruchelow came out a winner on this issue and it was probably a very expensive lesson for people who tried to make an end run around the Kennesaw Zoning regulations and failed.
  
The community around Mack Dobbs and Cobb Parkway will not waste any sympathy on either party and they can be very pleased with their outstanding efforts in coming together to make the community a better place.

It’s Official…Cruchelow’s Pawnshop Has Closed

June 11, 2012 | Filed under: Featured http://thekennesawwatch.com/

Sometime over the past weekend of June 10th, 2012, the pawn shop finally relented and moved out of the location on Mack Dobbs Road. 

Left behind were empty cases, shelving, and a few rugs.  Details were provided by the following:  http://kennesawpawnproblems.blogspot.com/.

This is a perfect example of the community coming together, getting involving, showing the city council that we all care and making a difference in the outcome.

Get involved!  You CAN Make a Difference!

=====================================================================

Bill Harris says:

http://thekennesawwatch.com/
June 11, 2012 at 5:35 pm

Now that the dust has settled on this Pawn Shop issue it is time to thank the many people in the Summerbrooke, Summer Stream and Mack Dobbs Road areas for all the work that went into having this section of the Kennesaw community come together to ‘encourage’ the City to get the ordnance enforced.

The 2 petitions, letters, emails and those attending meetings made it all work out in the end.

The media also played a very big part in getting the word out to area residents. Both the Kennesaw Watch and the Marietta Daily Journal were extremely active in making timely reports of what was going on with the problem.

If it wasn’t for the media we might still have the City wondering if they could just issue a variance and dodge the problem. With media attention from the Watch and MDJ it became clear to them that they had to act and after 3 months they finally did and now the Pawn Shop is gone.

The community and media did a great job of pulling together!

Editorial Comment:

During the 3 month run up to the final voting on the Pawn Shop issue I was critical of the lack of feedback from elected officials in the City of Kennesaw.


While I am pleased with the Planning Commission vote of 3-0 and the Council vote of 5-0, all in favor of not allowing the Pawn Shop to remain, I am still annoyed at the City for their apparent indifference to the taxpayers and voters of the area around this strip mall.

I don't know of any regulation, ordinance or law that states that elected officials may not express any opinion on an issue of great public interest prior to actually voting on said issue.

The lack of feedback from the Council during these months leading up to the final vote only served to unnecessarily stir up the community and cause turmoil and anxiety among the citizens who read this prolonged silence on the part of Officials as indifference and unconcern about the Pawn Shop issue.

I was, and continue to be, annoyed that the Kennesaw City officials are unwilling to express opinions prior to taking a vote on an issue. Nowhere else in the Country do elected officials or those running for office, feel the need to remain silent on issues prior to casting their votes on them.

Kennesaw residents and voters deserve better representation from their City officials. The only possible reason I can come up with for this total lack of opinion prior to the voting would be that they wanted to see which way the wind was blowing before they decided which side of the fence they wanted to jump off on.

This isn't a good way to run Kennesaw and despite their 'doing the right thing' in the end, the Council caused a lot of unneeded drama and turmoil for the community.

Bill Harris

City Voted down application to change zoning

SPECIAL CALL MINUTES OF MAYOR & CITY COUNCIL MEETING

CITY OF KENNESAW

Council Chambers

Wednesday, May 16, 2012

6:00 p.m.

Mayor Mathews opened the meeting at 6:00 p.m.
Present: Mayor Mark Mathews
Mayor Pro Tem Cris Welsh
Councilmember Jeff Duckett
Councilmember Bruce Jenkins
Councilmember Killingsworth
Councilmember Bill Thrash
City Clerk Debra Taylor
City Manager Steve Kennedy
City Attorney Fred Bentley, Jr.

IX. PUBLIC HEARING(S)
        A. Authorization for approval of an ORDINANCE to amend a rezoning condition submitted by Mack Dobbs Properties, LLC, Tino Venturi. Property identified as Land Lot 141, Tax Parcel 180, 20th District, 2nd Section, Cobb County. To rezone the property from City Conditional HGB to City Conditional HGB to amend a stipulation/condition that prohibits establishment of a pawn shop business as per conditions of the original rezoning ordinance 2004-50. Property was legally posted on April 18, 2012 and advertised in the Marietta Daily Journal on April 13, 2012.

Planning Commission at a meeting held on May 03, 2012 made recommendation to deny the request to amend the 2004 rezoning condition to allow Cruchelow Jewelry & Loan located at 2958 Cobb Parkway, Suite 1 & 2 to operate as a pawn shop.

Vote 3-0. Commissioners Richard Anderson, Cindi
Micheal and Jeff Powers. Staff Recommendation: Darryl Simmons, Zoning Administrator recommends denial of the rezoning amendment request to allow operation of a pawn shop at 2953 Cobb Parkway, Suites 1 & 2 known as Cruchelow Jewelry and Loan business.

See attached transcripts6:29 PM Floor Open to Public Comments
6:46 PM Floor Closed to Public Comments

Mayor Mathews called for a vote on the implied motion to deny the request to amend the 2004 rezoning condition to allow Cruchelow Jewelry & Loan, located at 2958 Cobb Parkway, Suites 1 & 2 to operate as a pawn shop; as submitted by Mack Dobbs Properties, LLC, Tino Venturi.

Vote taken, approved unanimously, 5-0.
AYES:  Councilmembers Welsh, Duckett, Jenkins, Killingsworth and Thrash. Motion carried.

See City minutes at: 
http://www.kennesaw-ga.gov/form-center/category/58-2012

What happens now?

                                                                              

Now that the City Council has voted 
5-0 to deny any amendment to the existing ban on Pawn Shops in the Venturi mall the next question has to be: 'Now what?'

The Kennesaw Zoning Department has provided the information on how the City will now proceed in this matter:

"The planning and zoning department will be forwarding written notice to the business owner, property owner and legal counsel of property owner that due to denial of the rezoning application, the property is in direct violation of the zoning ordinance and stipulations of 2004. The property owner and business owner will be given notice to cease operation of the pawn shop business within ten days of receipt of said notice. The notice will also state that the business license and certificate of occupancy that was issued will be voided."

Venturi attorney Mr. Sams has already indicated that he will challenge the City in Cobb Superior Court within the 30 days he has to file. 

It seems unlikely that the Pawn Shop will simply depart on it own.  The pending litigation on the matter will delay any actual closure, perhaps for months.

If the initial Sams challenge against the City fails, and it probably will, that may be only one phase of the litigation and of course the City will be named in any such follow up actions.  Up until now both Venturi and Cruchelow have had a common interest - keeping the Pawn Shop in the mall.  But I think the more interesting aspect of this might be a probable legal squabble between Venturi and Cruchelow and the mud slinging there will be interesting to watch. 

The interests of the 2 parties are about to diverge.  The aggrieved Cruchelow Pawn Shop has the reasonable claim against Venturi in that he was up to his arm pits in the 2004 decision to bar 32 types of businesses from any development he put up on that property, so why did he then agree to rent to a Pawn Shop knowing it was one of the excluded types of business on that property? 

The answer is obvious = MONEY.  A five year lease for 2 units with approx. $300,000 in rental, in a mall that for most of its 5 1/2 year existence has been an under preforming lemon.

From Venturi's point of view it was probably a long shot that the Pawn Shop would ever get a license, but nothing ventured then nothing gained.  If the City noticed the usage and denied the license the 2 units would remain available for rental to someone else.  If the City missed the illegal usage aspect then he had his 300K for that 60 month lease.

Initially all went exceedingly well for Venturi and Cruchelow.  The clever wording of the Pawn Shop, calling itself 'Cruchelow Jewelry and Loan' completely misled the City and all the departments signed off on it not noticing that just one time in the 20 page application were the words 'pawn shop' mentioned.  The City just missed those 2 key words and were mesmerised by the word Jewelry.  Who would ever be against a Jewelry store? 

So the license was issued and the Pawn Shop was opened and all was well in Mudville, until someone returning from being away for a few months noticed that suddently there was a Pawn Shop next to his subdivision and complained March 1st to a City Councilman who bounced it up to the Mayor and City Manager. 

Now all was not well in Mudville.   The 3 strikes were:  1)  Zoning came out against allowing the shop to remain, 2)  Planning Comm. voted 3-0 not to approve any changes and 3)  City Council voted 5-0 to deny any change to allow the Pawn Shop to remain.

Shortly there will be litigation and as mentioned there is a reasonable claim against Venturi.  Of course the Venturi counter to that will include the allegation, now part of sworn testimony before the City Council, that the Cruchelow's well knew that pawn shops were not allowed and that they were bragging in their neighborhood that they had gotten around the City ban and gotten their license anyway. 
                                                                                                                                     
So it may be a long and interesting summer here in Kennesaw. Oh, as to the City, they did make a mistake and they might make some settlement with the shop and join the rest of us on the sidelines to watch the mud fly.

Bill Harris

Council denies amendment for pawnshop

by Geoff Folsom
gfolsom@mdjonline.com The Marietta Daily Journal

May 17, 2012 12:53 AM  

KENNESAW — The Kennesaw City Council voted down an amendment Wednesday evening that would have allowed a pawnshop in a Cobb Parkway strip mall to stay open.

The council voted 5-0 to agree with a recommendation from city planning and zoning staff, as well as the city’s planning commission, denying the request from property owner Celestino Venturi to amend his strip mall’s zoning to allow for a pawnshop for the duration of its five-year lease. He had allowed the Cruchelow Jewelry & Loan pawnshop to open on Dec. 28, 2011, in his Mack Dobbs Point shopping center at Cobb Parkway and Mack Dobbs Road, despite having agreed not to let a pawnshop, or 31 other types of business, to open at the site when he got initial zoning approval in 2004.

But a city oversight last year, and subsequent city council approval, allowed the pawnshop to get a business license, as well as pawn and precious metal licenses.

Lawyer Garvis Sams, who represented Venturi, said after the meeting that he planned to appeal the decision to Cobb Superior Court.

“We’re disappointed. We were hoping that they would have a different opinion and decision,” he said of the city council.

Sams, who has 30 days to file a challenge, said the property owner’s constitutional rights were violated.

“Their decision to prohibit us from using the shopping center for the highest and best use is tantamount to a taking of Mr. Venturi’s property rights,” he said.

The decision came at the end of a 45-minute special called meeting, attended by around 40 people, though some of them were there for a council work session later in the evening.

Some residents of the nearby Summer Stream and Summerbrooke subdivisions spoke against the pawnshop.

“The impact of this particular business is directly on these two subdivisions,” Gary Greenhut said. “It’s also on the church that’s across the street, and the new school across the street.”

One person, Thomas D. Smith, who claimed to be the only person who can easily see the shopping center from his house, spoke in favor of the pawnshop.

“I’ve had no problem with this business,” he said. “I’ve seen no difficulty with anything they do. I visited the pawnshop and thanked them for being there.”

After the meeting, Bill Harris, who has maintained a website critical of the pawnshop, said that not only is Venturi likely to sue the city, but he expects the pawnshop owners, John and Serena Cruchelow, to sue Venturi for letting them move into two suites in his strip mall, despite knowing that was not allowed.

“I’m very much in favor of it,” Harris said of the city’s decision. “It’s a positive thing, and we’ll see where it goes from here.”

Kennesaw Mayor Mark Mathews, who did not vote on the matter, said he agrees with the rest of the council. He said he will wait and see whether a lawsuit is filed.

“We’ll have to go through the process and see what happens,” he said.

Councilman Bruce Jenkins said he was not concerned about the decision opening the city up to litigation; instead he was interested in “maintaining the integrity of the zoning that was originally in place and the agreement with the neighborhood.”

This was the second high-profile case Sams had lost in as many days, with the Cobb Board of Commissioners voting Tuesday against a permit that would have allowed another of his clients, the Bankhead C&D Transfer Station, to take in household garbage at its site in south Cobb. In both cases, Sams’ clients had gone ahead with their plans without zoning approval.

Read more: The Marietta Daily Journal - Council denies amendment for pawnshop

City refuses zoning change for Venturi 5-0

On Wed. May 16th at 6 PM a Special Call Meeting of the Kennesaw City Council was held. The meeting lasted 45 minutes and 50 people attended. All Council members were present. John and Serena Cruchelow and Tino Venturi were present.

After Zoning Administrator Simmons outlined the subject matter of the meeting, Mr. Garvis Sams spoke for 15 minutes in support of the Venturi/Cruchelow request for approval of an Ordinance to amend a rezoning condition which had earlier been submitted by Mr. Venturi's Mack Dobbs Properties. Nothing 'new' was added, just restated for the record. A stenographer was present to record what was said. Future litigation is probable.

4 people spoke in opposition to any change in zoning and one person spoke in favor of having the Pawn Shop remain.

The 5 member City Council voted 5-0 to deny the request for a change in zoning to allow the Pawn Shop to remain.

The Venturi attorney, Mr. Garvis Sams, said that he would file a challenge in the Cobb Superior Court within the required 30 days.

Pawn Shop Rezoning Request Denied by Council

Property owner Tino Venturi lost his bid to keep the pawn shop open at the Mack Dobbs shopping center.

• By Donna Espy-Rypel Email the author

Property owner Tino Venturi (L) discusses his options with his attorney, Garvis Sams, after the Kennesaw City Council turned down his rezoning request by a unanimous 5-0 vote.

 Photo Credits Donna Espy-Rypel

With a vote of 5-0 on Wednesday, the Kennesaw City Council took care of a mistake made last fall when a local pawn shop was allowed to open its doors in a shopping center despite a 2004 agreement prohibiting such businesses from the property.

Cruchelow Jewelry & Loan, located at 2958 Cobb Parkway in the Mack Dobbs Point strip mall, will have to close its doors after losing a long battle with neighbors from two nearby subdivisions—Summer Brooke and Summer Stream. The city's planning commission had voted 3-0 against the rezoning request earlier this month.


"Please show all of us that laws are meant to be followed," said Summer Stream resident Lisa Stabler during the public hearing portion of the meeting. After the vote, Stabler and many other residents left feeling their voices were heard. "The mayor and city council did the right thing," said Stabler.

Cruchelow Jewelry & Loan owners John and Serena Cruchelow were in attendance, along with property owner Tino Venturi and his attorney, Garvis Sams. After a lengthy public hearing on April 3, the city council was unable to reach an agreement at that meeting as to what to do about the pawn shop.

"Cruchelow Jewelry is a successful extension of a successful shopping Center," said Sams, giving a chronology of the case between the city and his client. "We request approval of this application so this business can continue to operate."


About 40 residents from Summer Stream and Summer Brooke were in attendance, several publicly voicing their disapproval of the pawn shop.

But longtime Kennesaw resident Thomas Smith said he was there to support the Cruchelows.
"Personally, I'm delighted the shopping center is there, and I have no problem with this business," said Smith, who said he can see the pawn shop from his house. "You said OK in 2011 and now you say, 'oops, it's not supposed to be there,'" said Smith, addressing the council. "What part of the baby do you want to cut in two? Good luck, gentlemen and ladies."