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so concerned about their Constitutional rights being trampled when the county added sidewalks to one of the busiest and most dangerous roads in Georgia then why didn't they file a class action lawsuit on behalf of ALL of the property owners would've potentially had their Constitutional rights trampled by the county along the half Nike Sweatpants Women Grey mile stretch of Canton Road where the sidewalks and median were recently added to the road?
The case dates back to Jan. 11, 2010, when the county filed a "declaration of taking" as part of an eminent domain proceeding to acquire property owned by Adkins and Whitfield, who were law partners before Whitfield was picked to be a judge. The Adkins and Associates law firm is located on the property in a small house at 2653 Canton Road, just off Piedmont Road.
I have seen no projects in Cobb that address traffic snarls efficiently, while at the same time being innovative, green wisely thought out.
A payday potentially involving tens of thousands of dollars of taxpayers' money?
And why didn't the Georgia Department of Transportation add sidewalks to the road when they originally widened Canton Road back in the 1990's seeing as though Canton Road has long been known as one of the busiest and most dangerous roads in the state for many years as a three lane road with a reversible lane?
NORTHEAST COBB A Cobb County attorney and a juvenile court judge will take a sidewalk project to the Georgia Supreme Court on Monday.
"Basically, the problem with the code section is it's based upon a time window calculated from the date the county files the papers," Adkins said. "If the county does not perfect service on the defendant within the first 45 days, then the defendant automatically according to the county loses their ability to challenge it."
The absolute WASTE of all our SPLOST money needs auditing a grand jury investigation. The problem now is it's all the rich, powerful well conected that are covering each others butts,when all this is is a playmoney slush fund!!
"The county stuck a median in the middle of the road that nobody likes, and it's been nothing but a hindrance," he said.
He said while the case before the state Supreme Court is a matter of due process, he also opposed the county's project, which constructed a raised median along Canton Road in front of his law office. The median makes it difficult for his clients to enter onto his property, he said.
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Furthermore, the county's attorneys contend in their brief that the state Supreme Court should overrule the state Court of Appeals' February ruling in Cobb County v. Robertson. The state Court of Appeals' interpretation of the statute's 60 day time frame as a recommendation, rather than mandatory, is incorrect, they argue.
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to the neighborhood, 20 MILLIOn dollar Concord Road Improvements project,(1 and 1/2 mile) that over 6 MILLION has been spent thus far, buying out little businesses leaving nothing but a deserted wasteland!!
The county's attorneys say the Legislature intended the statute to be a quick means to acquire property for public projects while still upholding the due process rights of individuals.
The Cobb County v. Robertson case involved the property next door to Adkins' law firm on Canton Road, in relation to the same public works project. Adkins represented the owner of the property in that case.
As part of the Canton Road Corridor Improvements project, completed in 2011, the county built sidewalks and other improvements along Canton Road from the northern end of the Canton Road Connector north to the Cobb/Cherokee County line.
Adkins has owned the half acre property since 1980. He said he sold Whitfield an interest in it in the mid 1990s, when the two became law partners before Whitfield was appointed to the juvenile court bench in December 2004, joining three other judges.
weren't these two guys so up in arms about an larger slice of their propoerty being taken when the state came through and widened Canton Road from three lanes to five lanes back in the mid 1990's?
Adkins and Whitfield acknowledged being served on March 1, 2010, with papers informing them that a portion their property would be condemned and taken for the sidewalk. On March 31, 2010, they responded to the papers, protesting the condemnation and filing a rule nisi, which called for a hearing in which the county would explain why they needed the property.
We have a local government totally out of control.
"The (state) Court of Appeals recently ruled in a case right beside our property which I'm representing that code section doesn't say what the county think it says," said Adkins.
Smyrna will be trying to take a property by eminent domaine at Monday nites meeting. It is a totally UNnecessary, UNbeneficial Nike Sports Bra Uk
The hearing was set for May 11, 2010.
Sidewalk case going to Ga Supreme Court
Adkins said the law allows the county to delay serving the papers and prevent landowners from challenging a condemnation.
On April 26, 2010, the county field a motion to dismiss the case, arguing that under state law, Adkins and Whitfield only had until March 12, 2010, to submit their petition and have a hearing. The county's attorneys, Marietta lawyers Dana Jackel and Christopher Phillips, say that the two were actually served long before March 1, 2010, because they were extended a professional courtesy and mailed a copy of the declaration on Jan. 12, 2010, the day after it was filed. The two waited more than 45 days before acknowledging getting the papers, they say.
Under Georgia law, section 32 3 11 (c), "Such hearing shall be had not earlier than 15 days from the time of service of the rule nisi upon the condemnor, nor later than 60 days from the date of filing of the declaration of taking."
Whitfield declined to comment on the case. Jackel also declined to speak to the Journal, citing county policy regarding pending litigation.
Is there some kind of payday in store for them if the court rules in their favor?
Russell Adkins Jr. and Cobb Juvenile Court Judge James Whitfield argue they were denied their constitutional rights when the county government said it was taking a portion of their property on Canton Road for a public works project.
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