Commissioners Receive Judgement on Deep South

A final order has been released by Senior Judge Fred A. Bishop in the Civil Action against the Gilmer County Board of Commissioners and Deep South Farms. It has been a year since Deep South Farms applied for a conditional use permit and went before the Board of Commissioners.

The Permit was originally sent back to Planning and Zoning for technical issues involving printed dates on advertisements. It eventually came back to the Commissioner who gave a decision granting the Permit.

In the ensuing litigation, involving cases Euel V. Reece, Et al (Plaitnitffs) vs. RFF Investents, LLC. (Defendants) and John Fountain, Et al (Plaintiffs) vs. Gilmer County Board of Commissioners (Defendants), Judge Bishop offered up his decisions stating,

Based upon these stipulations and factual findings, as well as the evidence presented, the Plaintiff is not entitled to an Injunction against RFF Investments, LLC, Deborah Jones, Denise Mosley, Dawn Totherow, Charity Davenport and Deep South Designs Inc. prohibiting the us of the property as a wedding and event venue…the demands made in Plaintiffs Complaint for Injunction and Other Equitable Relief are DENIED.

and

Based upon the stipulations and additional factual findings, as well as the evidence presented, the Plaintiff is not entitled to Declarative or Injunctive relief against Gilmer County; and the Appeal and Mandamus are unwarranted. Therefore, the demands made in the Plaintiffs’ Complaint for Declaratory Judgement and other Equitable relief, and Appeal and Action for Mandamus are DENIED.

You can also read the full, seven page, Final Order for more details including the Factual Stipulations.

FYN spoke with Commissioner Chairman Charlie Paris who said, “I’m very pleased. It appears the Board of Commissioners and Deep South Farms were exonerated.” When questioned about an appeal, Chairman Paris said he did expect an appeal as he heard a comment at one point that they would, but he hated the idea that an appeal would cost the county even more in legal fees.