{"id":4717,"date":"2013-07-14T14:12:49","date_gmt":"2013-07-14T18:12:49","guid":{"rendered":"http:\/\/www.l-a-k-e.org\/blog\/?p=4717"},"modified":"2013-07-14T14:15:32","modified_gmt":"2013-07-14T18:15:32","slug":"ashley-paulks-guardian-bank-sues-hahira","status":"publish","type":"post","link":"http:\/\/www.l-a-k-e.org\/blog\/2013\/07\/ashley-paulks-guardian-bank-sues-hahira.html","title":{"rendered":"Ashley Paulk’s Guardian Bank sues Hahira"},"content":{"rendered":"

\r\nHahira declared a moratorium on water and sewer taps in a subdivision\r\nfinanced by Guardian Bank, apparently in hopes of getting the bank\r\nto do something about a drainage problem there.\r\n\r\n<\/a>\r\nInstead, the bank is suing Hahira, echoing a lawsuit the county is pursuing\r\nabout a contract let when the bank’s Chairman was Lowndes County Chairman.\r\n

\r\n\r\nAccording to\r\n\r\nStuart Taylor in the VDT Friday<\/a>,\r\nGuardian Bank’s chairman said, perhaps using the royal “we”:\r\n

\r\n

\r\n“We’re a little disappointed with Hahira,” said Ashley\r\nPaulk, Chairman of the Board of Directors for Guardian Bank.\r\n“We’ve actually helped them build up their tax base up\r\nthere…Over the years, we’ve encouraged builders to be up\r\nthere.”\r\n<\/p>\r\n<\/blockquote>\r\n

\r\nMe, I think Hahira should have\r\n\r\n<\/a>\r\n\r\ncharged high enough tap fees or impact fees<\/a>\r\nto cover such things, but \r\npreviously (2 August 2012)<\/a>\r\nthey\r\n\r\ndeclined to do that<\/a>.\r\nI believe in their discussion some of the Hahira City Council mentioned\r\nthey didn’t want to change the fees just before a new subdivision paid them.\r\nCould it be that same subdivision?\r\n

\r\n

\r\nThe suit claims that the City was notified of the potential for a\r\ndrainage problem last August but did not act on it, continuing to\r\ncollect tap and sewer fees in the meantime. The suit also claims\r\nthat Hahira city officials have admitted that the moratorium was an\r\nattempt to gain leverage on Guardian in the hopes that Guardian\r\nwould fix and repair the drainage problem in Lawson Farms. The\r\nlawsuit defines this as “malice,” claiming that the\r\ncouncil knew the moratorium “would have a substantial,\r\nnegative financial impact” on Guardian.\r\n<\/p>\r\n<\/blockquote>\r\n

\r\n“Last August” sounds like the same subdivision, but it’s not.\r\nAccording to\r\n\r\nthe 2 August 2013 minutes<\/a>\r\nthe Council talked about Gateway Pines\r\nand this lawsuit (according to the VDT) is about Lawson Farms.\r\nNonetheless, the opponents (motion to raise tap fees from $3,000 to $5,000\r\nfailed 3 to 2) stated concerns about discouraging builders.\r\nLooks like not raising the fees didn’t do Hahira any good,\r\nbecause they’re getting sued anyway.\r\n

\r\n

\r\nDeclaring the moratorium unconstitutional, the lawsuit seeks its\r\nelimination, stating “the City, by passage of this unlawful\r\nMoratorium has substantially interfered with Plaintiffs’ property\r\ninterests in a manner that constitutes a taking of private property\r\nwithout just compensation.”\r\n<\/p>\r\n<\/blockquote>\r\n

\r\n\r\n<\/a>\r\nWhere was all this constitutional concern when Ashley Paulk’s\r\nLowndes County Commission was passing\r\n\r\narguably unconstitutional bills of attainder<\/a>?\r\n

\r\n

\r\nAccording to Paulk, Guardian attempted to sit down with council\r\nmembers to talk things out, but were told by one member that they\r\nwould be tied up forever.\r\n<\/p>\r\n<\/blockquote>\r\n

\r\n\r\n<\/a>\r\nAh, the irony.\r\nAshley Paulk as Chairman of the Lowndes County Commission\r\n\r\nrefused to negotiate with Hahira and the other cities about LOST<\/a>,\r\nwhich is how\r\n\r\nthat’s ended up in the courts<\/a>.\r\nNow he complains Hahira refused to negotiate about tap fees!\r\n

\r\n

\r\nRepeated attempts were made through both phone and email to contact\r\nJames Thagard, the attorney representing the City of Hahira in this\r\nsuit, but The Times was unable to reach him. Hahira officials\r\nrefused to comment and Hahira City attorney Rob Plumb had a conflict\r\nof interest and could not represent the city in this matter.\r\n<\/p>\r\n<\/blockquote>\r\n

\r\nCould Rob Plumb’s conflict of interest be that he’s the attorney for\r\n\r\n<\/a>\r\nDeep South Sanitation, whom\r\n\r\nLowndes County is suing<\/a>\r\non behalf of an\r\n\r\nexclusive franchise<\/a>\r\nthat was passed by the Commission when Paulk was Chairman?\r\n<\/p>\r\n

\r\n

\r\nGuardian is also seeking “just compensation for the taking of\r\ntheir property interest in an amount which shall be proven at\r\ntrial” and “attorneys’ fees and costs associated with\r\nthe bringing this action.”\r\n<\/p>\r\n<\/blockquote>\r\n

\r\nMaybe Deep South Sanitation’s legal defense should try that argument.\r\n<\/p>\r\n

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