CUMMING - In a pair of decisions handed down in the last few days, Forsyth County won and lost cases pending before the Georgia Court of Appeals. <br>
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The Buckhorn landfill case, which had been on appeal since September of last year, resulted in a victory for the County. At issue was the enforceability of a 1992 settlement agreement entered into by Forsyth County that attempted to lock property owned by Buckhorn Ventures into a 1992 A-1 zoning classification. <br>
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This could have resulted in a landfill being built on that property. The County had previously distanced itself from the settlement agreement and had advised Buckhorn Ventures that the 1992 Board of Commissioners did not have the authority to forever lock the property into A-1 zoning. <br>
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On May 24, 2002, Forsyth County Superior Court Judge Stan Gault entered an order that held that the 1992 Forsyth County Board of Commissioners exceeded the scope of its authority in signing the 1992 settlement agreement. Consequently, Judge Gault ruled that the settlement agreement was unenforceable. <br>
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Last week the Georgia Court of Appeals agreed, finding that the 1992 settlement agreement was the product of an "ultra vires" act by the County, and therefore was not currently enforceable. <br>
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In the Threatt condemnation litigation, the County suffered a loss at the hands of the Court of Appeals. <br>
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This was the second trip to the Court of Appeals in this litigation, which began in 1996. At issue in this latest appeal was whether the Threatts were entitled to post-judgment interest that had accrued pending the first appeal. <br>
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On Aug. 13, 2002, Judge Gault entered an order denying the Threatts any additional interest; the Court of Appeals disagreed, finding that the County owed the Threatts approximately $588,000 in interest. In light of this decision, and after consultation with counsel, Forsyth County has decided not appeal the matter further.<br>
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