Brian Vanderhoff's North Fulton Real Estate Blog: March 2008

Updated Monday, March 24, 2008

Listing Type Number Median Price Price Change from February

Homes for Sale (MLS) 3,737 $374,900 +1.6%

New Homes 84 $409,900 0.0%

Real Estate Classifieds 1,805 $425,000 0.0%

Foreclosures 348 $205,500 0.0%

More info Contact www.vanderhoffhomefinder.com

Labels: Alpharetta Real Estate, homes, Real Estate

Believe it or not, it's already time to start thinking about next school year. If you are the parent or guardian of a child who will be 5 years old before September 1, 2008 and will begin kindergarten in school year 2008/09, take note of this very important event. The Forsyth County Schools' Kindergarten Round-Up Registration is coming to all elementary schools on Tuesday, April 1 and Wednesday, April 2. On April 1 from 7 a.m. to 3 p.m. and April 2 from 1 p.m. to 7 p.m, elementary schools will register new kindergartners and answer questions. Students are not required to be present at registration. Orientations and tours will not be given during Kindergarten Round-Up, but will be given at later dates according to each school.

For those unable to attend Kindergarten Round-Up, kindergarten registration will begin at the Hill Center on April 28, 2008.

To obtain a complete list of documents needed to register, visit www.forsyth.k12.ga.us and go to "Select a Link," then choose "Student Registration." To find out which school your child will attend, select "School Attendance Zones." For further information, call 678-947-0863.

Labels: Forsyth, Forsyth County Schools, Kindergarten

Vanderhoff Real Estate is you leading source for Foreclosures and REO Properties.

Vanderhoff Real Estate has access to new and upcoming Foreclosures on a daily basis, please contact us to be added to our daily list.

Give us a call - Brian 770-331-1206 or Email - Homes@400N.com

Labels: Alpharetta, Bank Owned, Cumming, Foreclosures, Listings, Metro Atlanta, REO

A shepherd is suing Russia's space agency for compensation after he said a 10-foot-long chunk of metal from a space rocket fell into his yard, just missing his outdoor toilet.


Boris Urmatov, who is asking for 1 million roubles ($42,000) from the Roskosmos agency, lives in a small village that lies underneath the flight path of rockets taking off from the Baikonur launchpad Russia leases in nearby Kazakhstan.

"Something woke him up in the night, like something exploded. Since he's visually handicapped he didn't notice the fallen rocket parts," Urmatov's sister Marina told Reuters from the village of Kyrlyk, in Russia's Altai region.

"But in the morning in front of the shepherd hut he saw this enormous metal casing, as smooth as an egg," she said by telephone from the village, which is 2,175 miles east of Moscow. "It nearly crushed the outhouse."

She said her brother was seeking damages to compensate him for the stress he suffered.

Residents in the neighboring village of Ust-Kan said rocket pieces regularly rain down on their area. Parts of the surrounding countryside are designated special zones where people may not go during the launches.

"Sometimes it's smooth metal casings, sometimes it's bolts. I remember something like an engine fell once," said Anatoly Kazakov, an Ust-Kan resident.

"THEY FLY, THEY FALL"

Roskosmos said it regularly warns residents when a launch is scheduled, and in a history stretching back over 50 years and 400 rockets, only a few space-bound rocket parts have fallen outside designated areas.

"Technologically speaking, these parts are supposed to fall off during a launch. They fly, they fall, they fly, they fall. It's how they work," said Roskosmos spokesman Alexander Vorobyov.

He said Roskosmos regularly sends out an investigation team to check on reports of damage from rocket parts, but it could only pay compensation if a court rules for damages.

"If a court determines that, yes, those are rocket parts, they fell on his land, then for sure he will be compensated. No question about it. We live in a civilized, law-abiding country," Vorobyov said.

Izvestia newspaper said Roskosmos had only once paid out compensation over rocket debris to a private individual -- 10,000 roubles in 2001 -- when a piece fell on his yard as he was outside chopping wood.

"What is abnormal is when somebody gets greedy, and it turns out the parts did not fall on his land, but that they were dragged there. Those moments are not good," Vorobyov said.

"But those are individual instances. We in no way refuse to pay out compensation. It just has to go through the court system."

Labels: Fell from space, Odd News, Russia, Space Agency

Bon Jovi's Richie Sambora has been arrested for investigation of driving under the influence of alcohol. The 48-year-old guitarist was arrested just before 11 p.m. Tuesday after an officer noticed his black Hummer weaving in traffic lanes, said Laguna Beach police Sgt. Jason Kravetz.

Sambora was given field sobriety tests and arrested without incident. He was booked at the Laguna Beach jail and released at 4 a.m., Kravetz said Wednesday.

"He was very cooperative with all the staff," Kravetz said.

A woman and two girls were passengers in the car, said Kravetz, who declined to release their names.

Sambora was given notice to appear in court May 7 on one misdemeanor count of driving under the influence, Kravetz said.

Ken Sunshine, a spokesman for Bon Jovi, had no comment.

Sambora is a founding member of Bon Jovi. The band's last album, "Lost Highway," was released in 2007.

Labels: Bon Jovi, DUI, Richie Sambora

Joe Johnson scored 28 points, Josh Childress added 20 and the Atlanta Hawks beat the Milwaukee Bucks 115-96 on Wednesday night to maintain the eighth and final playoff position in the Eastern Conference.

The Hawks also escaped a major scare when X-rays on point guard Mike Bibby's left thumb were negative. Bibby left the game in the fourth quarter and didn't return, but trainer Wally Blase said he had a strain and would be listed as day-to-day.

The Hawks, winners in five of seven, remained a half-game ahead of ninth-place New Jersey, a winner over Indiana on Wednesday night.

Johnson's 3-pointer at the shot-clock buzzer made it 45-43 midway through the second to give Atlanta its first lead since 4-2.

The Bucks, 6-29 on the road, never came within double figures of the lead after Marvin Williams' 20-footer made it 96-84 early in the fourth.

Andrew Bogut led the Bucks with 27 points and nine rebounds, but the 7-foot center left the game after Williams accidentally hit him in the face midway through the fourth. Williams' right arm appeared to hit Bogut's nose on an inbound pass from the baseline. Bogut lay underneath the basket briefly before walking to the bench with a bloody nose.

Michael Redd finished with 20 points for Milwaukee, which has lost seven straight on the road. The Bucks' leading scorer with a 23.3 average, Redd had 19 in the first quarter, but he was just 0-for-3 in the final three periods.

Labels: Bucks, Hawks, NBA

Milton residents should keep their eyes open for Milton's newest resident, a furry bundle of goodness who currently remains nameless.

He's the city's newest future K9 officer, and he was donated by Milton's own Loving Hands Animal Clinic, who will also take care of the pooch for the rest of his life. The puppy will be trained by Kelli Collins of Georgia K9 Academy free of charge to the city, so the only cost incurred to taxpayers is for the dog's food and any handler salary.

In return, Loving Hands is asking that the dog wear a patch during its year-long training saying where he came from. In addition, depending on his schedule, he could be used for cross-promotion with the business' and city's public relations efforts.

In total, the city will likely save $15,000 to $20,000 with the donation.

"It just doesn't get much better than this," said Councilwoman Julie Zahner Bailey, who brought the idea to council at its March 10 work session. She and City Manager Chris Lagerbloom fleshed out the idea with Collins and Loving Hands owner Dr. Joanne Roesner.

They are hoping local children can get in on the naming and training of the dog and be updated on his progress.

"We thought that starting with a puppy would be a much better community outreach program because it can create a lot of opportunities for public relations with Loving Hands in the community, as well as public safety," said Collins.

With the donation, Milton should have a new K9 officer on the street within a year, said Collins. The dog will be able to locate narcotics and trail humans by the end of its training, making it a valuable asset to Milton's police.

"I'm hoping this is a win-win situation," said Roesner. "It gives the opportunity for a public presence for all of us to be successful."

Lagerbloom was excited about the donation and the possibility of using the puppy as a low-impact way to introduce local students to law enforcement.

"In public safety, you don't get these types of opportunities often, so when you do you jump on them," he said.

The dog will join Milton's existing police dog DaSilva, who was donated in November by Design Review Board member and Imani Environmental Group owner Eddie Moore.

Labels: K9, milton, Milton Georgia, Police

The following recalls have been announced:

-- About 18,000 Backyard and Beyond metal water bottles, manufactured in China and distributed by Downeast Concepts Inc., because surface paints contain high levels of lead, which is toxic if ingested by children. No injuries have been reported. The water bottles were sold at gift, convenience, mass merchandise and drug stores around the country, as well as other major retailers, between February 2006 and February 2008. Details: by phone at 800-343-2424; by Web at http://www.backyard-beyond.com or http://www.cpsc.gov.

-- About 3,000 toy penguin figures, manufactured in Thailand by Plan Toy Inc., because the figure's head can come off and expose sharp points. The company has received one report of a detached head. No injuries have been reported. The penguins were sold online and at specialty toy stores around the country between May 2007 and February 2008. Details: by phone at 866-517-7526; by Web at http://www.plantoys.com or http://www.cpsc.gov.

Labels: Backyard, Beyond, Metal Water Bottles, Recall, Recalled, Water Bottles

Progressive rock band YES iwill perform live at the new Verizon Wireless Amphitheatre at Encore Park, on Monday, Aug. 4 at 8 p.m.

Tickets for the YES concert will go on sale Friday, March 28 at 10 a.m. Tickets will be available at all Ticketmaster outlets, online at www.ticketmaster.com, and charge by phone 404-249-6400.

YES aformed in London in 1968. Some of YES' most popular songs include "Roundabout", "Owner Of A Lonely Heart", "Heart of the Sunrise", "Long Distance Runaround" and "Perpetual Change".

Visit the band's Web site at www.YESworld.com or visit www.vzwamp.com for more information

Labels: Alpharetta, Concert, Verizon Wireless Amphitheatre, Yes

A proposed bill allowing the Sunday sale of alcohol has received mixed reaction from some local business owners.

The situation began when State Senator Renee Unterman of the 45th district introduced a bill into the Georgia General Assembly to allow Sunday sales of beer in the new minor league baseball stadium in Gwinnett County.

After clearing the Senate, the House added wording to the bill that would allow each county in Georgia the right to a referendum on the Sunday sales of beer and wine; or beer, wine and liquor. The bill is currently in the House Rules Committee.

If the amended bill passes the House, it will have to go back to the Senate to be voted on and then it goes on to Gov. Perdue to either sign or veto.

The possibility of Sunday sales excited some Forsyth business owners, but angered others with some seeing the sale of beer and wine being completely different from the sale of beer, wine and liquor.

"On Sunday, especially in the summer, people need a cold beer," said Jay Ahn, owner of the Lake Food Market, "but liquor? No. I see beer as more of a regular drink."

Some Forsyth citizens who work in the alcohol business are completely opposed to the measure.

"It's nice to have Sundays off," said Hunter Wehunter, owner of Wilkes Bottle Shoppe. "It's the Sabbath and I like to keep it holy. [If the measure passes] I don't know what I'd do."

Tim Bellinger, manager of World Beverage, said he was against Sunday sales.

"We don't want Sunday sales. People have six days a week [to buy alcohol] it is not necessary to have package sales if you can go to a restaurant on Sunday and get a glass of beer or wine."

Cumming Police Chief Mike Eason said he was pleased with the status quo.

"I think we are in good shape as we are," he said. "When you make alcohol available you will get alcohol related injuries."

Where some business owners see problems with the bill, others see economic opportunity.

Tappan Rathore, owner of the Citgo at Cumming Square said the proposed bill was a positive thing.

"I think [Sunday Sales] would be a good thing," Rathore said. "We get a lot of out-of-town customers who want to buy on Sundays so it would be helpful for us if we could sell it."

Manager of the Circle M 38, Nicole Holfey was also supporting Sunday sales.

"Selling beer would be great on Sunday," Holfey said. "It would increase our sales but not so much that we would have to increase staff."

Georgia is one of only three states, the others being Indiana and Connecticut, that still have 'Blue Laws' on the books. Currently the Georgia General Assembly has six more legislative days before they dismiss until next January.

Labels: Alcohol, Forsyth, Georgia, Sales

Buck Greene has been named the principal of the new high school under construction in Johns Creek. He begins the new position at the end of the current school year.

Since 1992, Greene has served as a teacher and an administrator in several Fulton County schools. He currently is principal of Alpharetta High School and before that was principal of Sandy Springs Middle School. Greene taught at Westlake High School, Riverwood High School and Chattahoochee High School, where he later became an assistant principal, and also was an administrator at Northwestern Middle School.

Before working in education, Greene was city manager for Midway Airlines' Atlanta hub, an experience that allowed him opportunities to travel worldwide. He also was an exchange student at England's Oxford University. These international experiences impacted his teaching and management styles, molding his schools into learning environments that embrace diversity and international culture.

Under Greene's leadership, Alpharetta High School received numerous state and national honors. Most recently, the Georgia Department of Education recognized Alpharetta as an AP Merit School for its students' high passing rates on Advanced Placement exams. The school also was recognized this year with the Governor's Cup for its high SAT achievement and was named among the Top 25 highest scoring schools in the state.

Greene received degrees from Emory University and the University of Georgia where he is pursuing his doctorate.

In addition to recruiting staff, one of Greene's first priorities will be to form a community committee for developing a unique school identity, such as its official name, mascot and colors. The school opens in August 2009.

Labels: High School, Johns Creek

It is no secret Milton's City Hall can be a tumultuous place. Council meetings have a tendency to drag on for hours discussing minor points and council members snub one another publicly -- and those are just the good days.

In the roughly 15 months since the city got off the ground, it has seen an unlikely and extraordinary confluence of events for a relatively quiet town of only 20,000.

There have been ethics complaints brought against a majority of the original City Council, and another charge lodged against a member of the Ethics Board itself. That is more ethics complaints than any local city has had in recent history. Two of those complaints -- both thrown out -- concerned whether City Council unduly directed staff.

An organizational psychologist brought in to help the newly elected council learn to work together never even got the chance after a newspaper reporter tried to sit in on the meetings.

Milton's first City Manager, Aaron Bovos, resigned after a filing mistake that likely cost the city $850,000 (legislation to restore it is pending).

Divisive issues and a bitter election turned neighbors against each other, their frustrations spilling into council chambers and refusing to die down months after the final votes were tallied. When the smoke cleared, only one incumbent was re-elected, and all three candidates were officially endorsed by the mayor.

And all this tumult may be causing Milton to lose its City Hall staff.

Of the five non-public safety, city-paid positions, three are gone [see sidebar]. Milton is mostly staffed by private company CH2M HILL OMI. At least two CH2M HILL department heads have been replaced, with rumors that another may be on his way out if a willing replacement can be found to work in Milton.

The latest high-ranking employee to leave was City Attorney Mark Scott, who was often in the embattled position of mediating council and citizen desires. He resigned from law firm Jarrard and Davis last month, and has been replaced by the firm's namesakes.

Sources for this article who did not wish to be named because of current or past business and personal relationships with the city described Milton as a place of "organizational immaturity," one where meetings have staff keeping their heads down for fear they could be the next target of the public or council's rancor.

But Mayor Joe Lockwood says those problems are at worst overblown. He said he does not believe any of the people who left "did so because of factors in Milton."

"I think this is a positive place to work and I think it's gotten a lot better," he said.

He was referring to the time before November's election, when a split on council lead to many late nights punctuated by public arguments.

Acting City Manager Chris Lagerbloom, one of the two remaining original city employees (the other is City Clerk Jeanette Marchiafava), said he doesn't believe the amount of turnover Milton has seen is different proportionally to any other organization.

"Each one definitely has its reasons," he said.

He also said much of the staff has been bit by what he terms the "start-up bug."

"Once you do it and you're deployed and get that start-up adrenaline, you want it back," he said.

In contrast, Johns Creek has lost none of its directors or managers since start up. However, it also has experienced none of the ethics, election, personality or financial issues of Milton.

Alpharetta's long-established government has only one department head with less than five years service in the organization. According to Robbie Rokovitz, assistant city administrator, the 12 to 17 people who leave per year -- out of 410 employees -- have little time invested in the city. Rokovitz, however, will soon be leaving his job. He was just picked by Holly Springs to serve as its city manager.

Lockwood said the shuffling around of staff is one of the strong points of a public/private partnership like the one Milton enjoys with CH2M HILL.

"For these people, if for some reason the chemistry isn't there, they're not out of a job. They can move them around," he said.

Lisa Maggart is the city's communications director and a CH2M HILL employee. She replaced Bill Doughty, who moved to Johns Creek in July 2007 after what Lagerbloom and Lockwood deemed a "personality conflict" with then City Manager Aaron Bovos.

"I love coming in to work every day," she said. "The staff here is incredible and you get to work with some great people in senior leadership."

That position is common among staff at City Hall, said Tami Hanlin, who acts as project manager for CH2M HILL. She said staff doesn't focus on the bad press surrounding Milton and gets along well with City Council.

"We certainly are still learning our role and their vision," she said. "I really don't see anything extraordinary about the turnover we've seen at this point and time, I really just don't link it to anything in particular. It's the natural process of a start-up situation."

Maggart agreed.

"I don't think the city necessarily has a bad reputation," she said. "A lot of it is the growing pains of a brand new city and brand new council."

Rokovitz, assistant city administrator for Alpharetta, said his council's stability is what keeps city's employees on staff, despite offers from the near-by start-ups.

"I think [high-level Alpharetta employees] show a great dedication to mayor and council, the stable and transparent governance they provide.

"Yes they disagree, but at the end of the day they develop a consensus," he said.

And like in Alpharetta, providing a comfortable work environment is paramount to Milton's long-term strategy.

"Employees are special things," said Lagerbloom. "And I don't think any of us here take that lightly."

Labels: City Council, City Hall, Milton Georgia

Get out the garden hose and pull back that pool cover. Starting April 1, Alpharettans might be able to hand water their lawns and fill up their pools starting April 1, if the Fulton County Board of Commissioners relaxes its watering rules this week.

North Georgia still is in drought conditions, so residents will only get one time a week for less than 30 minutes to hand water their yards.



Recommendations sent to Fulton Commissioners were to allow:
• Hand watering 25 minutes, one day per week.
• Filling outdoor swimming pools.
• A one time watering newly installed landscaping three-nights-a-week for 30 days. Register at www.urbanagcouncil.com

City Council members rushed to remind residents conservation is still needed. Fulton County staff recommended tighter restrictions than the Georgia Environmental Protection Division (EPD) requires. That was necessary to make sure the county met an EPD requirement to reduce water use by 10 percent compared to 2007 usage.

Mayor Arthur Letchas brought the proposal before council.

"We still aren't going to take our eyes off the target as far as removing our water restrictions. But we would like to fall in line with the EPD and Fulton County water restrictions," Letchas said.

Councilman David Belle Isle, who grew up in Gainesville, said as a child he saw some low lake levels. But nothing compares to how low the lake is today.

"The docks are on the ground," he said. "You think because we've had some rain it's fine – but it's not fine," Belle Isle said.

Labels: Fulton, Fulton County, North Fulton, water, Water Ban, Water Restrictions

Delta Air Lines will launch its first flights to China with a daily route between Shanghai and Atlanta beginning March 31.

According to the company's Web site, a Boeing 777 will fly between Shanghai's Pudong International Airport and Atlanta's Hartsfield-Jackson Atlanta International Airport.

The flights will begin March 30, U.S. time, but due to the time difference flights from Shanghai begin March 31.

The route, Delta's first direct route to China, is one of several opened up to U.S. carriers during China-U.S. air traffic negotiations in 2007.



www.vanderhoffhomefinder.com

Labels: Airport, Chine, Delta, Delta Airlines, Flights, Non Stop

A Forsyth County pastor has been arrested on charges he molested two young teens.

Derek Gillett, 38, of Alpharetta was arrested at his home in Cherokee County near the Forsyth County line March 7 on two counts of aggravated child molestation and two counts of sodomy.

He is being held in the Cherokee Adult Detention Center with no bond.

Gillette is the pastor of the Cornerstone Community Church in Forsyth County, which holds services in Midway Elementary School. Before leaving to start Cornerstone, he worked as a youth pastor with Midway United Methodist Church in Forsyth County.

Sgt. Jay Baker, a spokesman for the Cherokee County Sheriff's Office, said one of the young teens involved in the case "confided to a friend, and that family reported the incident."

To protect the identity of the teens, the Sheriff's Office is not releasing their relationship to Gillett. However, he did say they were not members of his congregation.

There are no reports of additional victims, and Baker said the Sheriff's Office is not aware of any other arrests for similar charges involving Gillette.


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Labels: Child Molestation, Cornerstone Community Church, Derek Gillett, Forsyth, Pastor

It wasn't pretty, but Matt Kenseth was just happy to be in a NASCAR Nationwide Series Victory Circle after nearly a year.

Kenseth passed Jeff Burton for the lead on lap 186 of Saturday's Nicorette 300, a race extended three laps beyond its scheduled 195 laps at Atlanta Motor Speedway by a late caution flag.

Kenseth, who acknowledged he didn't have the fastest car, managed to hold off Kevin Harvick by about three car-lengths in a green-white-checker shootout, winning for the first time since April 14, 2007, at Texas -- a stretch of 18 races.

"About time, huh?" Kenseth said, smiling. "You certainly think about getting beat at the end. That happened to us a few times last year."

Kyle Busch looked like a runaway winner as he led 153 of the first 170 laps before blowing a tire and hitting the wall for the second straight week. That left the battle to Kenseth, Burton and Kevin Harvick.

After Kenseth took the lead, Burton faded and Harvick gave chase to the leader, looking several times like he could catch him. But a bad pit stop and ill-timed caution flags at the end allowed Kenseth to maintain control on the way to his 24th Nationwide victory.

"Kevin was really fast," Kenseth said. "On short runs, I could beat him . After a few laps, he could beat me pretty good."

When Busch hit the wall on lap 170, it brought out the sixth of eight caution flags in the race and sent the leaders to pit road. Harvick went into the pits in front, but came out sixth.

"I don't think anything happened," the disappointed former series champion said. "It was just slow. I'm really disappointed. We gave it away on pit road there at the end. When you get handed these situations, you've got to capitalize on them."

He still thought he could catch Kenseth, but two more caution flags kept cutting off his pursuit.

"I think we were definitely better than the 17 (Kenseth)," Harvick said. "He was better than us on restarts, but we could catch him pretty good after a few laps. We just didn't get that one long run."

Kenseth, a Sprint Cup star like his closest pursuers Saturday, had 14 top-10 finishes, including six seconds, in the 18 Nationwide events since he last won in the developmental series.

"Nobody was going to beat him on speed," Kenseth said, referring to Busch. "I know (his crash) kind of opened the door for everybody."

Busch, who finished second in the first two Nationwide events this year, hit the wall hard after his right front tire exploded while he was leading by more than two seconds.

"It wasn't as gentle as last week," was all he told his team on the radio as he drove slowly to the pits. He finished a lap off the pace in 24th.

Carl Edwards, the reigning Nationwide champion and winner of the last two Cup events heading into Sunday's' Kobalt Tools 500 on the Atlanta track, finished fourth Saturday, followed by Bobby Labonte, Brad Keselowski and Mike Bliss.

Dale Earnhardt Jr. was involved in a three-car crash late in the race and wound up 14th.

Labels: Atlanta Motor Speedway, Matt Kenseth, Nascar, Nicorette 300

Prosecution and defense in the Brian Nichols trial both requested that the trial be moved out of the Fulton County Courthouse, the same building Nichols is accused of shooting and killing three people back in 2005.

The trial could be moved to the Richard B. Russell Courthouse, which is a federal courthouse and still in Fulton County. The federal courthouse is three blocks away from the Fulton County Courthouse.


Brian Nichols sits in a jail cell, awaiting a murder trial that has been continuously delayed because of problems paying for his defense.

Nichols has pleaded not guilty.

Relatives of the four people Nichols is charged with killing on March 11, 2005, also wait for an end to a case that remains an unhealed wound for the entire Fulton County Courthouse community.

Judge James Bodiford has moved swiftly to push the Nichols case forward.

He is expected to announce Monday when he will resume the trial.

But all the recent progress could be diminished if the state public defender's office lacks the money to adequately fund Nichols' defense at trial.

Experts have been hired to evaluate Nichols as part of his planned mental health defense and some of them will likely be called to testify at trial.

Tuesday's anniversary will be marked by a memorial service for the courthouse shooting victims. Portraits of the three victims who were killed at the courthouse will be unveiled and then hung.

Labels: Atlanta, Brian Nichols, Court, Trial

Children in Kingston, Georgia found a human skull in their front yard Sunday and the gruesome discovery turned most of the street into a crime scene.

Investigators said it is likely that a dog dug up the bones and the kids later discovered them when they were playing in their yard at a home on Shaw Street.

Investigators said a human skull was found along with four other bones in the area.

Family members of a missing man who lived in the area feared the bones could belong to 43-year-old Perry Johnson, who has been missing since August 1.

Labels: Crime, Georgia, human skull, kids discover

Attorneys for the city of Johns Creek today filed a motion in Fulton Superior Court for a contempt citation against the Love Shack, asserting that the business continues to operate in violation of city ordinances.

On Feb. 25, Judge Ural Glanville granted the city's request for a permanent injunction against the business, located at 10590 State Bridge Road. The injunction ordered that the Love Shack could not operate in violation of city ordinances, specifically that it could not operate without an occupation tax certificate -- a business license -- or operate a sexually oriented business in an area not zoned for such use.

City code enforcement officers made multiple visits to the business following receipt of the judge's written order Feb. 28 and found the business continues to meet the city's definition of a sexually oriented business. The findings include, at least 25 percent of the establishment's displayed merchandise consists of adult materials, the establishment devotes at least 25 percent of its interior business space or at least 500 square feet of its interior business space to the display, sale and rental of adult materials and finally, the establishment regularly offers for sale or rental at least 1,000 adult items.

Additionally, the business also sells sexual devices, which places it in another category of sexually oriented businesses according to the city's ordinance.

"We have conducted several store inspections that indicate that the business continues to operate in violation of Johns Creek's ordinances and therefore is in violation of the court's order," Mayor Mike Bodker said. "Today we have presented our findings to the judge for his review. If he agrees with our assessment, then we are asking that he take whatever action he deems appropriate."

The business was denied a 2007 business license because it was deemed to be a sexually oriented business. The owner applied for a 2008 license on Feb. 26 but the city has not yet acted on the application.

According to Bodker, the store has three options including, bringing the store into compliance so it does not constitute a sexually oriented business, relocating the business to an area zoned for sexually oriented businesses, or ceasing its operation.


That has been our position all along," Bodker said. "We simply want the business to operate in compliance with city ordinances, the same expectation we have for all Johns Creek businesses."

Labels: Johns Creek, Love Shack, milton