Tyrone Sued Again

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TyroneConfidential
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Ten homeowners filed suit April 2, 2012 against the Tyrone Town Council for rezoning property without following their own laws. Following the advice of their taxpayer paid lawyer Dennis Davenport, who actually runs the town, the Council, voted to Spot Zone property for a gun shop and firing range adjacent to a 350 home subdivision against fierce opposition.

The Council did what it always does, advertised the zoning without proper notification of the purpose of the zoning. Didn’t allow the minimum 15 day notice, no required boundary description on file making it impossible to know who initiated the zoning, no required written report by the zoning administrator. The report was supposed to show what investigation was done that might adversely affect the use of nearby property and any other conditions supporting approval or disapproval of the zoning.

In addition the lawsuit alleges Planning Commissioner Chris Wigginton violated Tyrone’s Code of Ethics by voting for the zoning without disclosing his financial interest in the zoning, a criminal offense of which the council will ignore.

Plaintiffs ask for a declaratory judgment declaring the zoning null and void as a manifest abuse of zoning power.

On April 5, dozens of other Tyrone citizens stormed the Council demanding a recision of the zoning change clapping long and loud as citizens spoke to the Council. Derrick Jackson put blame squarely on the backs of Mayor Eric Dial, & Council members Ryan Housely and Linda Howard by telling them that they violated their election promises of transparent government. Mayor Dial tried to stop Jackson from speaking by saying he was out of order but the over-flow crowd shouted him down, and Jackson continued his eloquent assault as Dial meekly backed down while WSB TV camera’s rolled. Reference: Fayette Civil Action No. 2012V-0396, Council Minutes April 5, 2012.

This is news you will never hear from any Tyrone official. The era that started in 1997 of unresponsive, unconstitutional, corrupt, illegal and secret government in Tyrone is nearing its end. The citizens are revolting. This revolution will continue until elected and appointed officials are forced to know they are elected to represent the people and not the government. They will be forced to know that they take orders from the people and not the Town Lawyer. They will be forced to think for themselves independently, learn their laws and procedures and actually oversee government actions plus, demand the taxpayer paid attorney represent both the citizens and the government fairly. And when elected officials take their oath of office, to follow the constitution and laws of Tyrone and State of Georgia, they will learn to take their oath seriously.

Just watching
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Again?

When does the ability to SHOUT someone down become an asset? It is extremely rude behavior and doesn't demand respect.
And painting the Town with such a broad brush as to say they ALWAYS post zoning notices wrong shows a complete lack of knowledge.
This posting actually shows a complete lack of respect for the town and hostility towards the legal representatives.
The PUD zoning that was in place for this property allowed a gun shop under its requirements, this should never have been acted upon except the Mayor and Council felt it fair with the rewording of the zoning classification.
Appropriate behavior will get you more attention than this display of hostility. Oh wait, does this apply to everyone or just a few.

TyroneConfidential
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Dear Just Watching

Don’t kill me, I’m just the messenger. However, my message is based on facts, law and personal experiences.

Is shouting and clapping an asset? No, it was a last effort to get a non-responsive Council to listen to the people.

Research on Zoning Notices going back to 1997 show that this Council and past Councils have not followed Tyrone Notice Ordinances Sect. 3-4 (A) (2), Sect 3-4 (8)(2), Sec 3-1, Sect 3-2(B(6) (A-F). Sect. 3-7. GA Zoning and procedures law O.C.G.A. 36-66-4(a). O.C.G.A. 36 – 67 A (2) (4)

When citizens show respect but the council ignores them, the citizens lose respect for the council.

No, the PUD zoning did not allow a gun shop. The PUD was rezoned to C-2 which also did not allow gun shops. This is not just re-wording. Any change in zoning requires that numerous procedures be followed which was not done. They added Gun Shop to C-2.

The behavior doesn’t apply to everyone. It applies to all the majority African Americans in the overflow crowd and most of Whites. Total being over 90%. It does not apply to me.

The citizens were upset because the three council persons who passed the law had promised in their campaign for election last Fall to provide open government and follow the constitution and laws, which they did not do.
In fact at a rezoning last October a citizen showed the Council a news article where the council had promised to correct bad past zoning which they also refused to do. You cannot respect any politician who makes promises and go back on them, especially when you vote for them based on their promises.

If you don’t believe Tyrone’s elected officials go back on their promises, give me your mailing address and I will send you a copy of the news article.

Tyronian
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Facts

I was told in earlier sessions that gun shops and pawn shops selling guns were not included, nor were they excluded in PUD zoning. I may be wrong in translating the entire conversation, it was awhile ago, but here goes… If it's a retail store, it can be built on the property without special permissions or a vote. PUD was an older zoning. Now with the new zoning of C-2, Tyrone wanted to be more specific and transparent to all of its citizens. They decided to add language to include specific safety features for such a shop. This was very respectful of the city to add these specific requirements, to show the citizens they had concerns, they did their research, and then they came up with a solution. That is good ‘ol American governing! That’s how you run a city. Sure, they had an oversight, giving 15 days of notification instead of the required 16 days… What’s one day? It doesn’t look like they’re pulling the wool over anybody’s eyes. Funny, no one mentioned the “15 days” during the March 1st meeting??? It wasn’t an issue, now suddenly it is? Hmmm.

Perhaps the resistance is grabbing at every little morsel they can conger up. And who can blame them? They’re going up against a city, along with surrounding businesses that want to grow and prosper financially. Businesses want to work and grow together. It’s just a group or retail stores selling their product.

NUK_1
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Yep, that's pretty much it on the zoning

Of course, if they whine long enough, maybe the Council will reverse their decision, get hauled into court, and lose anyway(yet again) and it will still be built. Legally, I don't think they have a chance. Gun shops weren't included or excluded and when that happens, it means almost every time that it's OK and can be won in court. That's why almost every city/county in the last 10-15 years now has zoning ordinances related to "adult" stores because they never considered including or excluding them in zoning until suddenly they had one located maybe where they didn't want them to locate and had no legal recourse.

PTC Observer
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Nuk_1

They can't think of everything?

Imagine that!

How can we have any confidence that Tyrone government can manage the economy around Tyrone unless they can think of the simple things like shooting ranges?

How can they possibly hope to aspire to greater political positions in county, state or federal government?

TyroneConfidential
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Correct Facts

Tyronian, who told you that gun shops, firing ranges, and any retail store if not included in a zoning district were also not excluded? Please tell me, I would really like to know. Was it a Tyrone official or employee?

Please read Article V – District Regulations, passed just last October. I quote: “No land, building or structure shall be used except in accordance with the uses and standards permitted within each district. Any use not specifically designated as permitted shall be deemed to be prohibited.”

I also quote a letter written to me by the Zoning Administrator in 2007, when I inquired into this specific matter. Quote: “If the use is not listed it is not allowed”.

NUK_1
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Southhampton shopping center Tyrone

It's over 50% vacant right now. You'd think residents would want some small businesses in that strip center instead of empty storefronts and maybe a Big Lots in a few years if Publix were to depart.