The Love Shack has filed its first lawsuit against Johns Creek, naming in the suit specific city staff members for denying the adult business's applications for sign and banner permits.
For months, the only indication of the Love Shack's location at 10950 State Bridge Road has been a relatively small banner above the door. The Love Shack's general manager has been cited on a regular basis for various banners since June 27. The city's sign ordinance says that each day of a violation constitutes a separate offense – the number of violations totaled more than 80 by the end of August.
The Love Shack's petition to Fulton County Superior Court is similar to that filed by a billboard company against the city earlier this year, which if granted in favor of the Love Shack, could force Sam Bishop, senior planner for the city, to give the business a sign permit.
Bishop is named literally because he signed the Aug. 3 denial letter sent to Love Shack owner John Cornetta. Bishop's letter stated it is not "appropriate to issue a sign permit" because Cornetta had been denied a business license for the Love Shack. A second letter was sent the same day denying a banner permit for the same reason.
The Love Shack's petition to Fulton County Superior Court says Bishop's denial is based on "arbitrary criteria" and asks the court to declare that decision as beyond the scope of his power. Neither the city's sign ordinance nor its zoning ordinance states a business license as prerequisite for a sign or banner permit.
The city's sign ordinance states that the community development director shall deny "any application that is incomplete or inaccurate, contains false statements or omissions, or that is for a sign which would violate any standard within [the sign ordinance]."
Cornetta's attorney, Cary Wiggins, states in the petition that the city has acted contrary to the law in denying its sign application because Love Shack meets the criteria of the sign ordinance.
But the city has a different take on that, citing the absence of logic in that argument.
"What's the logic of issuing a sign to a business that does not have a license and is in essence operating illegally," said Johns Creek Mayor Mike Bodker.
Cornetta said that's not a legal argument. He said it's the mayor and City Council's job to create that law, instead of just saying it.
The Love Shack's lawsuit also asks the court to quash the subsequent denial by the city's Board of Zoning Appeals (BZA), and likewise it names the specific board members.
The board denied in October the Love Shack's appeal to reverse the Community Development Department's denial, citing the same reason given by Bishop.
The Love Shack's petition says the BZA did not disclose any "facts or law" to support its decision, and thus the court should reverse it. Wiggins said last month he was not surprised by the board's decision to uphold the denial.
The Superior Court has to hear the case. Neither party can submit further findings or call witnesses during the hearing, and the judge will be confined to only the information on the record produced by the BZA.
"I think it is a fairly narrow question," said Wiggins. "The reason they denied the sign and banner permit are for reasons that appear nowhere in the code. I am comfortable that a court will recognize that."
Lastly, the petition states the denial of the Love Shack's constitutional rights entitles the store to recover lost income, due to the lack of a sign for months, and attorney fees.
"The city treated every other business in Johns Creek that applied at that time as equal citizens and gave them sign permits. For us, they wouldn't. So is there damage? I think so," said Cornetta.
The city must answer the petition within 30 calendar days from Nov. 19, the date the city was served, but is not uncommon for parties to request more time.
Labels: Johns Creek, Love Shack
# posted by
Brian Vanderhoff @ 9:50 AM
