Temporary injunction granted in library dispute

GAINESVILLE - Hall County Superior Court Judge C. Andrew Fuller, after an all morning hearing Monday,issued a temporary injunction halting construction of a new North Hall Library and Community Center on Nopone Road.

The ruling favors the city of Clermont, which wants a jury trial in its case against Hall County according to Clermont's attorney David Syfan.

"The injunction will stop the community center and library from being built until we get a court determination of the issues of the case," Syfan said.

County Attorney Bill Blalock said Judge Fuller promised a decision soon on the county's motion to dismiss Clermont's motion for a jury trial.

"It is pending his consideration on the main motion which we feel like will dispose of the case, so we look forward to the ruling from the court on that," Blalock said.

Blalock and co-council Dana Maine argued that while the county did purchase a 41 acre site in Clermont it was for a future park, not a new library, though the county discussed locating a library on the property. Blalock told Judge Fuller there is nothing in the Special Purpose Local Option Sales Tax listing indicating a library would be built in Clermont, just that one would be built in North Hall County off Highway 129.

Syfan argued he could present evidence in a jury trial that it was the county's intent to put the library in Clermont before it decided to switch to its 123 acre site on Nopone Road.

Judge Fuller's ruling permits development of other parts at the Nopone site; Hall County can proceed with getting bids on library construction but cannot begin until Fuller decides on a jury trial or on Hall County's pleadings. Hall County dismissed its request for development authority bond validation to finance the project with the option of bringing the request again.

Clermont Mayor James Nix said the temporary injunction was good news.

"We're glad we got that far along with it," Nix said. "At least it's partly what we were looking for."

County leaders said the injunction will not affect current work on other aspects of the park.

"We anticipate a favorable ruling by the court on the county's motion for judgment, which, if granted, should resolve all issues in the case," said Commission Chairman Tom Oliver.