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The Love Shack takes Johns Creek to court
by Caron Cooper


December 04, 2007
The Love Shack has filed its first lawsuit against Johns Creek, naming in the suit specific city staff members for denying the adult business's applications for sign and banner permits.

For months, the only indication of the Love Shack's location at 10950 State Bridge Road has been a relatively small banner above the door. The Love Shack's general manager has been cited on a regular basis for various banners since June 27. The city's sign ordinance says that each day of a violation constitutes a separate offense – the number of violations totaled more than 80 by the end of August.

The Love Shack's petition to Fulton County Superior Court is similar to that filed by a billboard company against the city earlier this year, which if granted in favor of the Love Shack, could force Sam Bishop, senior planner for the city, to give the business a sign permit.

Bishop is named literally because he signed the Aug. 3 denial letter sent to Love Shack owner John Cornetta. Bishop's letter stated it is not "appropriate to issue a sign permit" because Cornetta had been denied a business license for the Love Shack. A second letter was sent the same day denying a banner permit for the same reason.

The Love Shack's petition to Fulton County Superior Court says Bishop's denial is based on "arbitrary criteria" and asks the court to declare that decision as beyond the scope of his power. Neither the city's sign ordinance nor its zoning ordinance states a business license as prerequisite for a sign or banner permit.

The city's sign ordinance states that the community development director shall deny "any application that is incomplete or inaccurate, contains false statements or omissions, or that is for a sign which would violate any standard within [the sign ordinance]."

The Love Shack has filed a lawsuit against Johns Creek for denying the adult business's applications for sign and banner permits. Who do you think is right?
Love Shack
Johns Creek
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Cornetta's attorney, Cary Wiggins, states in the petition that the city has acted contrary to the law in denying its sign application because Love Shack meets the criteria of the sign ordinance.

But the city has a different take on that, citing the absence of logic in that argument.

"What's the logic of issuing a sign to a business that does not have a license and is in essence operating illegally," said Johns Creek Mayor Mike Bodker.

Cornetta said that's not a legal argument. He said it's the mayor and City Council's job to create that law, instead of just saying it.

The Love Shack's lawsuit also asks the court to quash the subsequent denial by the city's Board of Zoning Appeals (BZA), and likewise it names the specific board members.

The board denied in October the Love Shack's appeal to reverse the Community Development Department's denial, citing the same reason given by Bishop.

The Love Shack's petition says the BZA did not disclose any "facts or law" to support its decision, and thus the court should reverse it. Wiggins said last month he was not surprised by the board's decision to uphold the denial.

The Superior Court has to hear the case. Neither party can submit further findings or call witnesses during the hearing, and the judge will be confined to only the information on the record produced by the BZA.

"I think it is a fairly narrow question," said Wiggins. "The reason they denied the sign and banner permit are for reasons that appear nowhere in the code. I am comfortable that a court will recognize that."

Lastly, the petition states the denial of the Love Shack's constitutional rights entitles the store to recover lost income, due to the lack of a sign for months, and attorney fees.

"The city treated every other business in Johns Creek that applied at that time as equal citizens and gave them sign permits. For us, they wouldn't. So is there damage? I think so," said Cornetta.

The city must answer the petition within 30 calendar days from Nov. 19, the date the city was served, but is not uncommon for parties to request more time.

- www.northfulton.com

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These are our reader's opinions and thoughts.The opinions on this site are posted by our readers, and are not edited by Appen Inc.
Sure laws were passed and then
December 07, 2007 | 05:15 PM

a whole lotta them have been repealed. There used to be laws that made it okay for a white man to have slaves, there was prohibition, there were all types of laws that should have never been passed in the first place, but they were. Then they were reversed. The blue law is another example and yet now there is talk that it may be reversed. Which is good! Laws will be passed and then they will be repealed.

Law abider in most instances
Society has laws for a reason.
December 07, 2007 | 04:01 PM

Laws are passed and enacted through a democratic process. Citizens seek and secure protections from these laws. Citizens have the responsibility to obey the law. Willful and knowing violation of law is the act of an irresponsible individual. Society does not tolerate theft, injury, or taking of life. If the law does not allow a type of business to operate in a certain location, willful violation of this law must not be tolerated by the members of the society. We elect leaders to create laws, and we rely on them to uphold them. Any suggestion that this action is a waste of taxpayer funds is ridiculous. No one would consider it ridiculous for taxpayer dollars to be used to proscecute a murderer. No one should question the use of taxpayer dollars to uphold and defend any law. If the members of the society feel that a law is inappropriate, they have the ability to take corrective action. Do not ask for special consideration, or forgiveness instead of permission. And most certainly, do not criticize those who have been elected to uphold the law.

A defender of law
It's all about Zoning
December 07, 2007 | 10:24 AM

I am asking this in the most respectful way – Have you ever been to a zoning meeting? There is a schedule of the zoning hearings on the Johns Creek website. I'm pretty sure they on Tuesdays and Thursdays and I know they are held @ 7: 00 PM. Please go to one of those meeting and you will understand what this is all about. Have you read about Mt Piqua Christian School? They are trying to build sports facility but are having trouble getting the proper zoning. They have to submit a request to have the proposed property rezoned to allow for a sports facility. Mr. Cornetta needs to follow the same procedure. If he wants to operate an adult business at his current location then he needs to get the property rezoned for that purpose. It has nothing to do with morality or whether or not we think he should be able to operate a business its breaking zoning laws.

Johns Creek Resident
Get over it...life changes, change with it or get left in the du
December 07, 2007 | 02:51 AM

Oh my God,,,you ppl have no life what so ever if this tiny little store is all you guys have to yell about. Come on have any of you been in the store...its really no different then spencers or victor's sercerts. Spencer's sells adult toys like the Doc Johnson I-Vibe Waterproof Jack Rabbit...why can they and not Love Shack...Why is this store any more harmful then Tv or the Media...I may not be that old...but trust me i've seen more distasteful stuff in high school and the mall then I ever saw in that store...my personal opinion is let the sales determine whether the store cont's to remain open or fails and closes...allow the store to remain, give it the license and sign permit...if it fails its because the customer clientale wasn't here...not because our up tight, never have sex gov't, decide for us what we can cannot have in our own back yard, As far as tax dollers are concerned it does not surprise me that the gov't would waste our hard earned money to fight there own moral fight.

Asher
DOES ANYONE GET WHAT ZONING IS ABOUT???
December 06, 2007 | 10:30 PM

Apparently, if I wanted to start selling used cars in my front yard, then I should just start doing it and ask for a business license after the fact. And if I am denied a business license because my front yard wasn't zoned for selling used cars, I should just sue the city because MY FIRST AMENDMENT RIGHTS were being denied!!! John Cornetta and his "Love Shack" have a right to do business ONLY IN AN AREA ZONED FOR THAT BUSINESS!!! Just like I can't sell used cars in my front yard, HE CAN"T SELL HIS WARES IN THE BUILDING HE IS IN. Does anybody get what zoning is about??? And why would we give a sign to a business that is operating illegally??? Cornetta is the one who has deceived the residents of Johns Creek. Gimme a break Cornetta, you're not being denied a thing!!!

K.W.Hart
Well then have Victoria's Secret and Spencers
December 06, 2007 | 08:31 PM

move to an industrial zoned area. Been in these stores lately. This is superbly idiotic. Cornetta has the constitution on his side and he will triumph. Much to the dismay of some politicians. We, taxpayers deserve to have our tax money spent wisely and not spent on trying to close a business down.

JC
December 06, 2007 | 06:36 PM

It doesn't matter where you think the Love Shack should be. According to Fulton County zoning laws and now Johns Creek zoning laws Adult business have to be in an industrial zoned area. Take it up with Fulton County. I was in the Fulton County court room the day Judge Thash ordered the store be closes due to the fact that Mr. Cornetta was operating an adult business in a commercially zoned area. Mayor Bodker is doing the correct thing. No one is asking Mr. Cornetta not to operate a business he just needs to operate it in the correct location.

Johns Creek Resident
Hello. Anyone home?
December 06, 2007 | 04:19 PM

A technology park is for hi tech, bio tech and ecommerce businesses. Would you call the Love Shack any of those?

JC
Zoned Industrial
December 06, 2007 | 02:39 PM

Industrial zoning does not have to mean "factories and manufacturing". The Johns Creek Tech Park is zoned industrial and the last time I checked it has no factories.

Another Johns Creek Resident
Zoned Industrial
December 06, 2007 | 02:39 PM

Industrial zoning does not have to mean "factories and manufacturing". The Johns Creek Tech Park is zoned industrial and the last time I checked it has no factories.

Another Johns Creek Resident


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