City settles suit over shuttered shop for $14K
by Lindsay Field
December 04, 2012 12:31 AM | 2502 views | 0 0 comments | 7 7 recommendations | email to a friend | print
KENNESAW — The city of Kennesaw and Mack Dobbs Properties LLC have settled for $14,000 in the developer’s lawsuit over a now-closed pawnshop.

Celestino Venturi, who owns Mack Dobbs Point strip mall, filed a lawsuit in June against the city arguing that zoning stipulations enacted in 2004 that prohibit several types of businesses in the strip mall deny property owners like himself “an economically viable use” of the property.

Kennesaw city manager Steve Kennedy said that under the settlement made Nov. 13, the city will pay Mack Dobbs Properties $14,000 through its insurance provider, Georgia Interlocal Risk Management Agency, and give Cobb Superior Court Judge Grant Brantley $1,200 for mediating the case.

Mediation began Nov. 1.

“This should be it,” Kennedy said Monday. “They pretty much agreed to hold us harmless.”

However, Kennedy said the city has held themselves to some accountability in the past by admitting their error in granting Cruchelow Jewelry & Loan a business license in 2011 to open in the strip mall.

Kennedy also said he doesn’t anticipate insurance costs in the city going up because of the settlement and that there will be a prohibition against pawn shops at the location until the stipulations get changed, should that ever take place.

The Kennesaw City Council signed off on approval of the settlement before Nov. 13, but Kennedy could not recall the exact date.

Garvis Sams, who represented Mack Dobbs Properties, said, “My client is satisfied with the settlement and we thought the mediator did an excellent job bringing the two sides together.”

The business, which was located in the strip mall at North Cobb Parkway and Mack Dobbs Road in Kennesaw until it was vacated in June, has moved to the corner of Powder Springs Street and Bellemeade Drive in Marietta.

Neighbors in the subdivision behind the strip mall contacted the city around the first of the year to complain about the zoning violation.
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