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HomeMy WebLinkAbout11 BOC RegularCOBB COUNTY BOARD OF COMMISSIONERS REGULAR AGENDA COVER REGULAR MEETING OF APRIL 26, 2016 ITEM NO. District 2 (Southeast Cobb) To direct Legal to proceed in the Cobb County Superior Court with the litigation of 1 Tritt and Isakson Living Communities, LLC v. Cobb County, Georgia, et al. Page 195 of 208 Agenda Item Number. 1 Cobb County Board of Commissioners Comm. Dist. Bob Ott, Commissioner, District 2 2 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3315 / fax: (770) 528-2606 TO: David Hankerson, County Manager FROM: Bob Ott, Commissioner This item has been electronically signed by: Bob Ott, Commissioner, District 2 Lisa Cupid, Commissioner, District 4 DATE: April 26, 2016 PURPOSE To direct Legal to proceed in the Cobb County Superior Court with the litigation of Tritt and Isakson Living Communities, LLC v. Cobb County, Georgia, et al. BACKGROUND Wylene S. Tritt and Isakson Living Communities, LLC (Plaintiffs) filed suit against Cobb County, Georgia on April 16, 2015 to appeal the BOC decision to deny the rezoning of a 53 acre tract from R-20 to CCRC. The property fronts Roswell Road in the vicinity of the new WellStar facility, with a park on one side and residential subdivisions on the other side and to the rear. The parties attended mediation on two separate occasions, November 16, 2015 and January 18, 2016. At the second mediation, the mediator ended the mediation because it appeared that the parties would not reach a resolution. The parties had previously agreed to stay discovery pending the outcome of mediation. However, in February, 2016, counsel for the Plaintiffs notified Legal that a written plan of the final offer verbalized at mediation would be delivered by March 11, 2016 so that the property could be posted, advertised and presented for a vote by the full BOC. To date no plan has been received and the matter has been languishing. RECOMMENDATION The Board of Commissioners direct Legal to proceed in the Cobb County Superior Court with the litigation of Tritt and Isakson Living Communities, LLC v. Cobb County, Georgia, et al. Page 196 of 208