Settlement Agreement Between Mack Dobbs Properties and City of Kennesaw

The 3 page 'Settlement Agreement' of 11/13/12 provides:

1) Mutual release of all further claims between parties,
2) City pays through its insurer $14,000,
3) City pays through its insurer all costs of mediation,
4) Mack Dobbs indemnifies City/Defendants from all claims which may be raised by Cruchelow Jewelry and Loan,
5) Settlement contingent upon Mayor and Council approval

For larger image:  right click and open in new window.

 

Gone and pretty much forgotten -

Cruchelow's left 5 months ago for Marietta and the old location remains unrented. The only reminder that the Pawn Shop was there is a small sign which has not yet been taken down.

The shopping center has 4 empty units out of 17 and the foolish civil suit filed by property Owner has now been settled in arbitration, although the settlement remains unknown at this writing.

 

Below Photo:   John and Serena Cruchelow from May 2012 City Council Hearing

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

11/15/12

Details on settlement to be available soon-

Thurs. Nov 1st is the mediation hearing between Venturi and the City.  The case title is Mack Dobbs Properties, LLC vs. The City of Kennesaw, Georgia.  The cost for arbitration is $300 an hour, but the City has insurance and after the deductable of $1,000 is paid the lawyer fee, court costs and arbitration is covered.  So we are not out all that much for this useless BS of Venturi and Sams.

It isn't open to the public but any resulting settlement will be published on the Cobb Court web site and if no agreement can be reached it will then go back before a judge for a trial.

If you want to keep up on this yourself you can go to:  http://www.cobbsuperiorcourtclerk.org/courts/default.htm and click on for 'Civil Search' then enter Kennesaw and after that choose which item you want to look at.  Or you can just come back here and I will have the info posted FYI.

Still Open - No Business

The truck is John's and the car is Serena's, still no customers.  I have never seen any business at this shop.

Place of Mediation changed

Click on for larger image then open in new window

Shop remains open but has no customers.

Pawn Shop Closed

At 2 PM on a business day the Pawn Shop is closed. For Good or a long lunch?

The Mack Dobbs v City Of Kennesaw is going to a mediation conference 11/1/12. 

The City is insured under Georgia Municipal Association (GMA) and we have a $1,000 deductible. That deductible has been paid and the GMA appoints the legal firm to represent the City.  There should be no other cost to the City except the deductable.

Business x 3

Is a business that does no business still a business?

Since opening I have looked in 4 times and there has never been any customer vehicles present. In the below photos the truck is his and the car is his wife's.

You might just wonder how they stay open, particularly as they close Sunday and Monday.

FYI:  Other interesting Kennesaw items are available at:  http://kennesawupdate.blogspot.com/

Alternative Dispute Resolution or Mediation

Notice of ADR Referral

The case has been referred to the ADR Program of the Cobb County Superior Court and the parties have been given the opportunity to select either:  Case Evaluation or Mediation and they have until Sept 4 to select their preferred ADR process.

Closed Sunday and Monday

 

---------------------------------------------------------------------------------

From:  8/8/12

 

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

From:  7/30/12

It isn't quite the 'final chapter' of the Cruchelow Pawn Shop as we still have a lingering suit against the City by the property owner Venturi, but at least the last mention of the Pawn Shop is gone with the removal of the sign over those 2 units. 


The Pawn Shop is now in Marietta and hopefully the next tenant of the strip mall with be something that is not in violation of the zoning conditions.

Not Open Yet

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'