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Sunday February 7th, 2016 5:41AM

Tubing company notified it can't use one site in Helen

By Rob Moore Reporter
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HELEN - A Helen tubing company won't be able to use one of its locations during the 2014 season.

Following a closed session Tuesday, the Helen City Commission voted to instruct City Attorney Carl Free to notify Water Park Properties LLC that, in accordance with previous court rulings, they will not be allowed to use their Escowee Drive location this year.

Free sent notification to George E. Butler II, attorney for Water Park Properties LLC following Tuesday's meeting.

City officials maintain the company is operating its Escowee Drive location on property zoned residential, which violates the city's zoning ordinances.

The City of Helen filed for declaratory judgment against Water Park Properties LLC, in 2010.

Senior Judge Robert Struble ruled in the city's favor in White County Superior Court on Sept. 26, 2012. Struble's ruling was upheld by the Georgia Court of Appeals on Nov. 14, 2013.

"As determined by the courts, the conduct of tubing operations at the Escowee Drive location by your client is in violation of the City of Helen's zoning ordinance," Free's letter states.

If tubing operations continue on the property, located across from the former Orbit building on Escowee Drive, the operators could be fined up to $1,000 per day.

The prohibition letter does not affect any of Water Park Properties LLC's other locations or operations in Helen.
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