Jaraysi and the city have been locked in litigation for years over a failed wedding hall he wanted to build at 555 Commerce Ave., off South Marietta Parkway, in front of his Nazareth Plaza strip mall.
U.S. District Court Judge Amy Totenberg with the Northern District of Georgia issued the ruling Thursday.
“He filed a suit in the new jurisdiction hoping to get a different ruling, but he got the same ruling that was given to him by Cobb Superior Court Judge Adele Grubbs, and what it means is this lawsuit and the last lawsuit were totally baseless,” city attorney Doug Haynie said.
So far, Grubbs, three Georgia Court of Appeals judges, seven Georgia Supreme Court justices and now federal judge Totenberg have ruled against Jaraysi.
“He’s got the magic dozen that have nailed him,” Haynie said.
Haynie said Jaraysi has 30 days to appeal the decision to the 11th Circuit Court of Appeals. Otherwise, the suit is over.
Jaraysi did not return calls for comment.
“I would hope his lawyers would give him some good advice, and that is the likelihood of prevailing on appeal is small, but you’re right, he’s appealed everything else, so why not this?” Haynie said.
The Jaraysi affair began in 2005, when the city granted him a permit to build an 8,700-square-foot wedding hall. The city halted construction on the building in December 2005 after discovering the structure being built was 24,993 square feet. The city filed a lawsuit against Jaraysi in 2007, petitioning the court to declare the building a public nuisance and order it demolished.
Grubbs granted the city permission to demolish the building in 2010 and issued a restraining order barring Jaraysi from interfering with the demolition after he failed to live up to his pledge to her to finish the building. Jaraysi appealed to the state Court of Appeals, but the appellate court sided with the city. Jaraysi then appealed to the Georgia Supreme Court, which declined to hear the case.
Having struck out in Cobb Superior Court, the Georgia Court of Appeals and the Georgia Supreme Court, Jaraysi filed suit in federal court Sept. 24, which just dismissed the case also.
In November 2012, Grubbs ordered Jaraysi and one of his attorneys, Richard Capriola, to pay attorney fees to the city in the amounts of $37,500 and $10,000, respectively. Haynie said Capriola paid the city the amount he was ordered, but Jaraysi has not.
“We’re going to start levying on some of his property very soon,” Haynie said.
Haynie said the city may ask the federal judge to award attorney fees as well.
“The whole purpose being, maybe this guy will get the picture that you just don’t sue people unless you have a good case,” Haynie said.
Mayor Steve Tumlin summed up the ruling, saying: “Great news and representation.”