Lawsuit filed against city council

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Cartersville City Council learned at its scheduled meeting Thursday night that a lawsuit had been filed against the city.

Last November, Billy Wright, a Cartersville landowner entered into a contract with TPA Group to sell 100 acres of undeveloped property at 118 Old Mill Road overlooking the eastern side of the Etowah River to build a 1 million-square-foot building on 60 of the 100 acres.

“Billy Wright already had a contract with TPA to sell a portion of his property but first TPA wanted to get the property rezoned from R-20 to HI,” City attorney David Archer said. “But there was a lot of opposition and council ended up denying the application. When that happened, TPA backed out of the deal so Wright filed suit saying the current R20 zoning as applied to his property is unconstitutional.”

“He has already filed the lawsuit in superior court,” Archer added.

Archer also notified the court that he had a conflict representing the county, so he recommended council hire Harvey Gray, a very accomplished lawyer from Atlanta to take over the case.

The Cartersville School System’s four Teachers of the Year were honored by the city council Thursday.

Linda Andrews, Cartersville Primary; Tiffany Townsend, Cartersville Elementary; Ashley Chupp, Cartersville Middle and Cynthia Voss, Cartersville High received proclamations from Mayor Matt Santini and the council recognizing them for being outstanding teachers. They will be honored again Monday by the Cartersville School Board and on Tuesday at the Teacher of the Year luncheon.

After a second reading, council approved a de-annexation request from H.F. Johnson for property adjacent to 1261 West Avenue for expansion of an auto repair business.

“This is a small piece of property, 1.67 acres, located on West Avenue,” said Randy Mannino, planning and development director for the city. “This property is in city jurisdiction whereas the adjoining property is under county jurisdiction. We don’t typically utilize this type of deannexation but given the circumstances, we support this application. Planning and zoning and the county have also approved the request.”

Water department director Bob Jones told council that a potentially dangerous situation exists where a 36-inch main exits an 18-million gallon high service pump.

“A corner wall of the building housing the pump is beginning to substantially crumble,” he said. “One wall is beginning to fail and this is causing the main to rise as the support shifts. We requested Unity Construction because they are specialists in this type of work. The price is high — $98,361.58 — but it is something that must be done. It is an issue of time and fortunately this developer is working in town on another project.”

Cartersville City Council learned Thursday night that a lawsuit had been filed against the city.

Last November, Billy Wright, a Cartersville landowner entered into a contract with TPA Group to sell 100 acres of undeveloped property at 118 Old Mill Road overlooking the eastern side of the Etowah River to build a 1 million-square-foot building on 60 of the 100 acres.

“Billy Wright already had a contract with TPA to sell a portion of his property but first TPA wanted to get the property rezoned from R-20 to HI,” City attorney David Archer said. “But there was a lot of opposition and council ended up denying the application. When that happened, TPA backed out of the deal so Wright filed suit saying the current R20 zoning as applied to his property is unconstitutional.”

“He has already filed the lawsuit in superior court,” Archer added.

Archer also notified the court that he had a conflict representing the county, so he recommended council hire Harvey Gray, a very accomplished lawyer from Atlanta to take over the case.

In other business, council:

• approved $15,061 to Georgia Transmission Corp. for repair work on city vehicles

• approved $9,870 for new graphic and lighting packages for new emergency vehicles.

Cartersville City Council will meet again Thursday, May 19 at 7p.m. at city hall.