City Responds to Jonquil Village Suit

The City of Smyrna may approve a resolution which declares that Branch Capital Partners and T&C Land had no right to include city-owned land in their appeal of last month's Jonquil Village zoning amendment denial.

The Smyrna City Council may approve a resolution during their Tuesday evening meeting that would declare that the owners and developers of a stalled mixed-use project had no right to include city property in their suit against the city.

On Dec. 2, 2013, the council voted 5-4 to deny zoning amendments to the site known as Jonquil Village. Branch Capital Partners, the developers of the site, and majority landholders T&C Land, have since filed a de novo appeal alleging the denial is tantamount to a constitutional violation

The suit included the entire subject property, an 11.03 acre site located at the intersection of Spring and Atlanta roads. The City of Smyrna owns two parcels of land inside the jurisdiction of the suit. This city-owned property is the grounds for the resolution on Tuesday's agenda, which reads in part:

[Branch and T&C Land] have no authority to prosecute claims involving City owned property. Likewise, neither Branch nor T&C have authority to make any representation concerning the City owned property and cannot enter into any binding agreement regarding such City owned property. 

Furthermore, the resolution declares that any authority Branch and T&C land had to include the city-owned land in their rezoning plan or to include the city-owned land in their de novo suit is, "rescinded, revoked and terminated."

The entirety of the resolution has been attached to this article.

Tuesday's meeting of the Smyrna City Council will begin at 7:30 p.m. at Smyrna City Hall and will be broadcast live on Charter Cable Channel 19. If you cannot attend the meeting in person or watch it on television, Smyrna-Vinings Patch will provide a link to a live stream of the proceedings.
Brian February 02, 2014 at 10:22 PM
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