Jasper feels heat from second lawsuit

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In line with their assertions, the Appalachian Villas Property Owners’ Association (POA) has filed a second lawsuit over the same area formerly contested by Randy Eaton last fall. The adjoining properties have become an on-going issue for the city for allegedly failing to honor obligations regarding grading and storm drainage. The POA is seeking $205,439.66.The property on State Route 53 East near the Dairy Queen was developed in good faith by the POA with the original developer, Pickens West Inc., who has since filed bankruptcy. An agreement from the city dating to March 2008 shows they admit the developer did not meet expectations and sought opportunity to allow them (Pickens West Inc.) to correct it. In that memo the city guaranteed the work and even agreed to

“remedy any future failures from that point forward…at no cost (to the POA).”

However, a subsequent letter dated March 2009 outlined adjacent property owner Eaton had become frustrated with the damage his land was incurring from the same issue and refused the city’s request for access through his property to make repairs. Mayor John Weaver stated in that letter that the city was being sued by Eaton so they were unable to move forward with the installation of a drop inlet or any other needed work, despite some work that had already been accomplished. The current lawsuit alleges that the work didn’t fix the problems and, in fact, made them worse.

That letter also promised,

“Hopefully, as soon as Mr. Eaton’s issue has been resolved, the City will complete the drop inlet as well as any other drainage concerns.”

Fast-forward to September 2013: Eaton’s case was found by a jury to be factual and the city was obligated to pay $208,450.69. They initially sought an appeal but dropped it.

Five months went by without action on promises to remedy Appalachian Villas claims the city openly admitted in that March 2009 letter were their responsibility and despite promises that upon the resolution of the first suit the work would be completed.

The current suit details that

“some condominiums are in jeopardy of falling off of a cliff that has been formed because of the city’s refusal to take the necessary steps to prevent and correct the continued erosion.”

The POA has retained Jasper attorney Edwin Marger, Esq. on their behalf who gave the city opportunity to correct it before the suit was filed. He submitted a letter to the mayor on February 29, 2014 outlining measures taken by the residents association including evaluations made by a soil erosion specialist and an engineering firm regarding damage to the property and assessment of necessary measures to correctly repair the now six-plus years of recurrent destruction. They asked for $205,439.66 total

“Unless this demand is met or the matter otherwise resolved by the City within 30 days.”

The city nor Weaver made any response which resulted in the filing of the suit. Marger expressed his disappointment saying,

“I am sorry that the mayor of Jasper did not see fit to contact us after he received the notice and before we were forced to file suit.”

Likewise, the mayor has not responded to requests from FYN asking questions about the city’s stance at this point. Council member Allison Brown did respond and directed inquiries to city attorney Will Pickett.

The suit asks for damages arising from nuisance, breach of contract, injunctive relief and legal fees. It states they seek:

A) Damages in the amount of $205,439.66, plus pre-judgement interest at the legal rate;
B) Injunctive relief preventing the further harmful discharge of storm water onto the property;
C) Such further damages including legal fees as shown at trial and
D) Other and further relief the court may determine.

In addition, the copies of the letter filed last month were submitted to the Georgia Environmental Protection Division and the United States Environmental Protection Agency due to

“impacted state waters from both a quality and quantity standpoint.”

FYN is also making inquiries of those agencies and City Attorney Pickett and will update as information becomes available.

Previous lawsuit information available at:

Jasper Loses Lawsuit

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