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Mountain Park Life :: Forums :: City Issues
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Lakes Litigation Verdict

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GeorgeM
Wed Oct 27 2010, 11:04PM
Registered Member #390
Joined: Wed Jun 10 2009, 10:29PM
{LOCATION}Posts: 26
Mayor Jim, John M. and City government,

After 5 years and $2 million in legal fees paid by the taxpayers of the City, you owe it to your community to provide the complete details of the verdict received today. The public statement implies a disaster for Mountain Park. Since a settlement offer of $900,000 was recently turned down, what did the City receive at trial? How much will we be reimbursed for legal fees, and how much will actually be available for lake clean-up?

We were promised a slam dunk case and complete reimbursement of costs. Stop dancing please. What are the actual verdict provisions?
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HelenAnn
Wed Oct 27 2010, 11:30PM
Registered Member #282
Joined: Mon Jan 28 2008, 03:47AM
{LOCATION}Posts: 20
Many of us are curious as to the details. Can someone please post them? Thank you very much.
Ani Dadron
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editor
Thu Oct 28 2010, 12:36AM

Joined: Tue Jul 12 2005, 10:03PM
{LOCATION}Posts: 236
The AJC posted an article this evening claiming Mountain Park was awarded $45,000 in damages for the lawsuit. Read the entire article: link . We hope to access the legal "Pacer" information tomorrow to verify the claim.
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Yuck Obama
Thu Oct 28 2010, 03:47AM
Registered Member #405
Joined: Mon Mar 08 2010, 04:13PM
{LOCATION}Posts: 36
Can anybody say they didn't see this coming? The posts and links were put up for you to see. This is an agenda driven fiasco.




Karl
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TaxedEnough
Thu Oct 28 2010, 11:23AM
Registered Member #338
Joined: Sat Jun 14 2008, 08:40PM
{LOCATION}Posts: 16
The lake litigation verdict is in and the taxpayers have been screwed for 5 years. Government - finally you are out of excuses for the millage rate in Mountain Park. LOWER OUR TAXES.
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Big Jon
Thu Oct 28 2010, 02:29PM
Registered Member #50
Joined: Sun Jul 31 2005, 11:42AM
{LOCATION}Posts: 20
Well-Well-Well. Our Ivy League City Council and Big Shot Atlanta Attorney's are probably Smoking a Big Fatty after " The Verdict " . I seem to recall the words - and I quote, " Slam Dunk! ". By the way, "Can we sale the Water Shed Land so we can put large houses on it and receive a tax?" Just a thought... Our tax money will be paying alot of Christmas bonuses this year at a so-called reputable- Atlanta Eco-Law Firm, By the way, here is how the conversation will go at Manuel's Tavern in Atlanta tonight-"Law Firm " Just won a big case. Bar person-" really for who? LF-"city of MP. How much 2million. Bar person " really I heard it was only 45k. LF- " Your right that was for MP-but the firm won 2million"., and we will sit back while Our city leadership will tell us " we just have to move on", is that a plug for moveon.org?...I was wondering? Apart from my silliness, people we have been screwed plain and simple-Frank The Great and George The Saint was our only Ray of hope. Once again, like our Roswell neighbors used to tell me when I was growing up, " Nothing Good ever comes out of Mountain Park ". Man, I hate it when they say that to me, and the one old timer who said it the most to me, has already called me this morning. Sad Day. People - Statistics, Flow Charts, and a bunch of fancy legal mumbo jumbo are no replacement for good common sense. wake up MP and pray someone comes and saves this sinking ship...and further more, to the ones who think I am crazy, " get your heads out of the sand!!"We have a new set of problems now...

Jon Wesley Braswell
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editor
Thu Oct 28 2010, 06:36PM

Joined: Tue Jul 12 2005, 10:03PM
{LOCATION}Posts: 236
(This announcement is also on the home page. It is duplicated here for those people who may have bookmarked this forum page and may not visit the home page.)

The jury in the Lakes litigation trial found two out of four defendants guilty of Clean Water Act violations but did not determine to award the amount the City of Mountain Park was requesting. $45,000.00 was the amount of damages awarded the city. The Judge will, in the coming weeks, also be considering what additional remedies and penalties to award against the Defendants found to have violated the Clean Water Act. The City Council will be considering this outcome and a town hall meeting will be held to review the verdict.
Jim Still-Mayor
City of Mountain Park
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editor
Tue Nov 02 2010, 03:25PM

Joined: Tue Jul 12 2005, 10:03PM
{LOCATION}Posts: 236
Helen Ann,
Here is a Summary for a quicker read, with the actual 28 page Jury Verdict attached.

VERDICT SUMMARY

Clean Water Act
Violated the Clean Water Act by discharging pollutants into US waters, and didn’t design, implement or maintain Best Management Practices (BMPs), and violated NPDES General Construction Storm Water Discharge Permits:
Lakeside at Ansley, LLC
Chatham Holdings Corporation

But, did not discharge storm water with a turbidity of > 25 NTUs, and did not fail to adhere to engineering principles to protect adjoining properties and stream buffers.

They did not:

• Discharge dredged and/or fill material into US waters (or wetlands) without a permit under the Clean Water Act,
• Nor did they design, build or maintain “a structure, infrastructure or impoundment requiring rock, sand, dirt of other materials for its construction” in US waters.

The violations occurred for 17 total days.

These parties did not violate the Clean Water Act:
Day Investments II, LLC
Peachtree Residential Properties, Inc.

Nuisance
Did the activities of the following parties interfere with Mountain Park’s use and enjoyment of its property?
Lakeside at Ansley – Yes
Chatham Holdings – Yes
Day Investments – No
Peachtree Residential – No

Continuing Trespass
Did these parties commit a continuing trespass on Mountain Park’s property?
Lakeside at Ansley – Yes
Chatham Holdings – Yes
Day Investments – No
Peachtree Residential – No

Negligence
Were these parties negligent in the manner in which it conducted operations allowing excess sediment and water to flow onto Mountain Park’s property?
Lakeside at Ansley – No
Chatham Holdings – No
Day Investments – No
Peachtree Residential – No

Negligence Per Se
Were these parties negligent in failing to follow applicable laws, statutes, rules and regulations?
Lakeside at Ansley – Yes
Chatham Holdings – Yes
Day Investments – No
Peachtree Residential – No

Violation of Riparian Rights
Did the actions/omissions of these parties result in the adulteration and degradation of waters which flow into Mountain Park’s watercourses, thereby interfering with traditional recreational and aesthetic uses of its property?
Lakeside at Ansley – Yes
Chatham Holdings – Yes
Day Investments –Yes
Peachtree Residential – Yes

Causation
Did the actions constituting nuisance, trespass, negligence, negligence per se or violation of riparian rights of the parties below cause damage to Mountain Park?
Lakeside at Ansley – Yes
Chatham Holdings – Yes
Day Investments –Yes
Peachtree Residential – Yes

Assessment of Fault
Was Mountain Park to some degree responsible for the injury or damages sought against Defendants in the case? If so, what is the fault attributable to Mountain Park?
Yes, 80.5%

What is the fault of the defendants?
Lakeside at Ansley – 6%
Chatham Holdings – 6%
Day Investments – 2.5%
Peachtree Residential – 2.5%
Crabapple Development & Investment - 2.5% (they are insolvent)

Are these parties (with whom Mountain Park has settled) at fault?
Woomer Construction – No
Brookfield Country Club – No
St. James – Brookfield – No

Nominal Damages
The following damages are “nominal damages” which the law presumes and are inferred from the invasion of Mountain Park’s property rights whether or not actual damages result therefrom:
Lakeside at Ansley – $17,500
Chatham Holdings – $17,500
Day Investments – $5,000
Peachtree Residential – $5,000

Attorneys Fees and Expenses
Did the defendants act in bad faith, or have they been stubbornly litigious, or caused unnecessary trouble and expense with respect to this lawsuit?
Lakeside at Ansley – No
Chatham Holdings – No
Day Investments – No
Peachtree Residential – No

Attorneys Fee Award to Mountain Park from each defendant:
Lakeside at Ansley – $0
Chatham Holdings – $0
Day Investments – $0
Peachtree Residential – $0

Punitive Damages
Did the Jury find by clear and convincing evidence that the actions of the defendants demonstrated willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to the consequences of those actions toward Mountain Park?
Lakeside at Ansley – No
Chatham Holdings – No
Day Investments – No
Peachtree Residential – No

Summary of Lake Clean-up Costs/Awards
% At fault | Award
Lakeside at Ansley 6.0% | $ 17,500
Chatham Holdings 6.0% | $ 17,500
Day Investments 2.5% | $ 5,000
Peachtree Residential 2.5% | $ 5,000
Crabapple
Development (insolvent) 2.5% | Insolvent

Mountain Park 80.5% | ________

100.0% | $ 45,000


1022_-_jury_verdict.pdf
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Keith
Wed Nov 03 2010, 12:48PM
Registered Member #46
Joined: Fri Jul 29 2005, 02:20PM
{LOCATION}Posts: 158
Town Hall Meeting

There will be a town hall meeting on Wednesday, November 3, 2010 at 7 p.m. in the Community Building for the purpose of discussing the lakes litigation. The public is encouraged to attend and provide public comment.
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Big Jon
Thu Nov 04 2010, 02:13AM
Registered Member #50
Joined: Sun Jul 31 2005, 11:42AM
{LOCATION}Posts: 20
My Comment on Wednesday night meeting, I would hate to think what kind of bigger mess our citizens would be in w/o Frank and George bringing honest infomation to our attention. In my opinion these guys are Rock Stars. George and Frank have told us more for free than our high dollar city eco-lawyer have told us for 2million dollars...." But you know, We have to move on, this is in the past now. Fudge patties - lets keep on fighting the good fight. Mountain Park has to come clean...By the way, I am sorry I could not get involved with the emotional love feast going on by some people, and the emotional Haight - Ashbury trip down MP lake litigation lane, This lake litigattion has always been fueled by heavy individual eco-emotions and not facts, that is why we lost and the judge let us know it and that is not a secret . People I love eveybody in that room, I just do not agree with some of ya's politics. In conclusion I will say it again, thanks Frank and George for all your Passion and hard work to shine the light of truth on a Dark situaton. This is my opinion. Wow! You dudes rock!!!

Jon Wesley Braswell
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