District 2 Commissioner Bob Ott put forward an agenda item recommending the Board of Commissioners direct the Cobb County Legal Department to end mediation with Isakson Living so that the "languishing" case can proceed on to the Cobb County Superior Court. This agenda item will be discussed and voted on at the next Board of Commissioners meeting on Tuesday, April 26, 2016 at 7:00 PM. Everyone is welcome to attend the meeting at 100 Cherokee Street, 2nd Floor BoC room, near the Marietta Square. Wear green shirts to show our continued support to deny the original Isakson Living plan. You can also watch the April 26 meeting live on TV 23. We will post updates after the vote.
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This Agenda Item is published here: http://160.73.50.75/countyclerk/0/doc/29652/Page1.aspx
COBB COUNTY BOARD OF COMMISSIONERS
REGULAR AGENDA COVER
REGULAR MEETING OF APRIL 26, 2016
ITEM
NO. 1
District 2 (Southeast Cobb)
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.
Agenda Item Number. 1
Cobb County Board of Commissioners
Comm. Dist. Bob Ott, Commissioner, District 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.
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This Agenda Item is published here: http://160.73.50.75/countyclerk/0/doc/29652/Page1.aspx
COBB COUNTY BOARD OF COMMISSIONERS
REGULAR AGENDA COVER
REGULAR MEETING OF APRIL 26, 2016
ITEM
NO. 1
District 2 (Southeast Cobb)
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.
Agenda Item Number. 1
Cobb County Board of Commissioners
Comm. Dist. Bob Ott, Commissioner, District 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.
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