Celestino Venturi, the owner of the Mack Dobbs Point shopping complex in Kennesaw, is suing the city, saying its zoning stipulations violate his constitutional rights.
Staff/File
Staff/File
The lawsuit, filed June 15 in Cobb Superior Court by Mack Dobbs Properties LLC, names the city of Kennesaw, as well as Mayor Mark Mathews and the city council members as defendants. The lawsuit states that the city’s zoning ordinance violates the state constitution.
When Celestino Venturi was opening the shopping center in 2004, he agreed to a stipulation prohibiting him from opening a pawnshop. But last year, he signed a five-year lease with the Cruchelow Jewelry & Loan pawnshop, which after a city oversight and subsequent city council approval received a business license, as well as pawn and precious metal licenses.
The store closed earlier this month after the city council refused to agree to an amendment to the Mack Dobbs Point shopping center’s zoning that would have allowed for pawnshops to be included among acceptable uses at the site.
But now the lawsuit asks that the city be directed to work with Venturi to rezone the property, claiming that the city has made no effort to prove that its denial of the rezoning the property was constitutional.
The City Council acted on the recommendation of Kennesaw’s planning commission and voted down the proposed rezoning by a 5-0 vote on May 16.
The conditional zoning classification for the shopping center is equivalent to “a substantial destruction of plaintiff’s valuable property rights,” the lawsuit states.
The suit also criticizes the zoning hearings the city holds because they limit the time they allow applicants to make a case for rezoning and don’t allow for proper response to opposition.
“The defendants have delegated their authority to zone property to the citizens at large by basing their decision on whether there is vocal opposition to a zoning request,” the lawsuit states.
The suit asks for unspecified “appropriate damages,” as well as court costs, including attorney fees.
Mathews said Thursday that he couldn’t comment on pending litigation.
Efforts to reach Venturi’s lawyer; Garvis Sams of the Marietta firm of Sams, Larkin & Huff; were not successful.
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1) This is an act of desperation from Mr. Venturi for cutting down the trees we didn't cut down in the first place.
2) It was WE THE PEOPLE of Summer Stream and Summer Brook that wanted the Pawn Shop out, not just Bill Harris. Mr. Bill didn't even speak at the final hearing. Get it right Tex G.
3) If Mr. Venturi has a problem with the zoning, he should have complained at the right time, which was 2004.
4) The city didn't limit the time allowed for the people to make a case for rezoning. They gave both sides equal opportunity to voice their opposition. Only one person signed up in support of the shop, and it was some idiot who defended the shop by saying it allowed him to break the law. Everyone else opposed it.
Fact: Cobb County passed an ordinance, as they have not the power to make law under the Home Rule statute which grants, subject to limitations, the authority after hearing the revokable ability to pass an ordinance. In 2006, the square footage requirement was changed from 50 to 250 square foot per residential space - excluding motels and certain establishments. Why was this ordinance passed? How this ordinance was used was to target ignorant people, after a paid survey of apartments and houses to evict people in the middle of night with police and SWAT for the offense of living there.
This is but one tiny example of the egregious behavior and it would take a book to elaborate. No kidding.
Venturi with the assistance of a real estate lawyer agreed to 30 stipulations as to what would not go on the property in return for it being rezoned favorably for him.
That ship sailed 8 yrs ago, any 'rights' he had then he waived in order to get the zoning changed.
Why wasn't it a violation of his constitutional rights 8 years ago?
He KNEW pawn shops weren't allowed, yet he signed a lease with one anyway.
Granted, Kennesaw didn't help the situation by forgetting about the zoning and approving the pawn shop.
But the bottom line is that the zoning was in effect for 8 years and Mr. Venturi knew it.
The Cruchlow's should be suing Venturi.
Hey Bill, better dust off your complaint box fella. Venturi is coming for you next. Better call Legal Zoom.