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Here come the lawsuits!
You knew this would happen. It was pretty much inevitable. As a result of the crematory flap, the threat of lawsuits now hang over the City of Snellville like a dark cloud. City Attorney Michael Williams figures the city can bat 0.500 against these suits. I am not an attorney, but I think Williams’ assessment is about right. In my opinion, the likely outcomes of these two lawsuits are fairly obvious.
One one hand, the residents near the proposed crematory have gathered money for an attorney and have been a general thorn in the side of the Snellville City Council. However, as I have asked here before, what exactly is the legal point they would make? The council is under no legal obligation to enact ordinances to prohibit a crematory from operating on the property in question. Perhaps, the residents do have an argument about diminished property value but, not being an attorney, I don’t know if that would pass legal muster either.
On the other hand, Chris Nuzum, owner of the crematory, would appear to have a pretty solid claim against the city if the council does not call a halt to its games and issue a Certificate of Occupancy in short order. Nuzum has followed the rules but now a few members of council are using his property in a game of political football. Even Mayor Jerry Oberholtzer sees this in saying, “Basically, we didn’t follow our own rules and we denied him the right of due process.” I am not a fan of suing at the drop of a hat, but, when it comes to holding the government accountable for infringing on property rights, I am all for calling in the attorneys. As such, I am glad to see that Nuzum is considering seeking restitution of any lost revenue from the City of Snellville. Hopefully, the council members most responsible for these games will wind up losing more votes from other residents in Snellville who have to pay these games than the votes that would be gained by playing politics for crematory opponents.
Finally, I want to highlight a point made in the article. I am not sure if there are any stragglers that do not see the political game here, but in case a few remaining Snellville residents think that the council is just doing its job, I thought this was very instructive.
The council doesn’t usually get involved in the permit process, overseen by the planning department.
Tags: City of Snellville, crematory, Jerry Oberholtzer, land use, Planning and Zoning, politics, property rights, property valuation, Snellville, Snellville City Council
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October 20th, 2008 at 2:41 pm
If Jerry Oberholtzer hadn’t of added crematories to O&P this would not have happened in the first place. Jerry suggested it be added in 2006 and Chris bought the property in 2006….hmmmmm
October 20th, 2008 at 3:27 pm
I think it is irresponsible to imply political corruption unless you have some evidence of your accusation. What do you say actions of Kelly Kautz and company during this situation? Are you not concerned about the political games she is playing with private property rights and the precedent that sets?