Judge reinstates Rest Haven after tiny town dissolves itself
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Posted 4:29PM on Monday, December 2, 2002
REST HAVEN - The tiny town of Rest Haven, created in 1938 mostly to keep out nightclubs and alcohol, tried to dissolve its own charter last year. After all, the town provides almost no services to its 160 residents. <br>
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But a family that owns several tracts of land in town protested. The Robinsons, who want to put up apartments on at least one parcel, went to court to keep Rest Haven alive. <br>
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And they won. A judge agreed with the family last month and resurrected Rest Haven -- for now. <br>
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Rest Haven's survival means the Robinsons can do just about anything with their property because the town has no zoning regulations. <br>
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If Rest Haven had disappeared and the town had reverted to unincorporated Gwinnett and Hall counties, those governments' zoning restrictions would have applied. <br>
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Eddy Robinson said the property has been governed by the city of Rest Haven of the past 50 to 60 years. He said the process had already been started with the town. <br>
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The town 35 miles northeast of Atlanta operated quietly until last year, when two residents filed lawsuits claiming Rest Haven was not providing adequate services. Under state law, municipalities must provide three services and hold regular elections and at least six business meetings a year. <br>
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Town officials, who previously had discussed whether it made sense for Rest Haven to remain a municipality, decided not to challenge the suits. As a result, a judge issued an order in August 2001 dissolving Rest Haven. <br>
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But the Robinsons said the town was depriving the family of its property rights. They filed suit to reverse the decision, claiming Rest Haven provided several services, such as maintaining roads and street lights and issuing business licenses.