Last Updated on 12/1/2008

Published on 9/4/2008

By Tommy Howard

thoward@gtowntimes.com

Not only has the City of Georgetown hired a Conway attorney to file legal action against the city's Board of Zoning Appeals, but it also has hired Georgetown attorney Sherwyn Jacobs to defend against that same action.

The matter is over whether the Pin Oak project -- called "apartments" in numerous documents filed with various city officials -- has valid building permits or whether the Zoning Administrator made a mistake.

The BZA ruled that the Zoning Administrator was mistaken and overturned a decision made by City Administrator Steve Thomas at a March meeting. Building and Planning Director Sabrina Morris, who at the time also served as Zoning Administrator, was at the meeting but did not speak.

BZA order

On Aug. 6 members of the BZA signed an order stating:

"The City of Georgetown's Zoning Administrator did err in interpreting that the 'Pin Oak' development is to be classified as a townhouse when issuing a building permit to Connelly Builders Incorporated. The decision of the Zoning Administrator is hereby rejected and we recommend that this matter be remanded to the City's Planning Commission as had been scheduled on March 18, 2008."

Appeal filed

Attorney Michael Battle of Conway filed an appeal of that decision by the city's Board of Zoning Appeals (BZA) on Aug. 15.

In a story in the Monday, Sept. 1 issue of the Georgetown Times, the paper pointed out that the City of Georgetown would be paying fees for Battle, who is handling the appeal for the now-departed Zoning Administrator Jamie Davis.

Also, Elise Crosby was and still is listed on Thursday as the attorney for the BZA, meaning that the City of Georgetown would utilize her services as City Attorney while also paying for Battle's legal fees.

Now, it turns out, Crosby wrote a letter on Aug. 18 saying that "I am the city attorney, so have a conflict in representing the Board and accepting service." She asked Battle to serve legal papers on the "Secretary to the Board and the city will actively pursue arranging legal representation for the Board in this appeal."

Crosby previously briefed members of the Board of Zoning Appeals and, separately, the city Planning Commission during executive sessions. Her briefings dealt with how the process works, BZA Chairman Andrew Brewington said.

Other executive sessions have been held to brief members of City Council.

Now, Jacobs confirmed to the Georgetown Times Thursday afternoon that he is representing the Board of Zoning Appeals.

Brewington said that Jacobs helped the board when it worked on drafting the order.

"We assumed everything was over with," Brewington said Thursday. "When we found out it wasn't and we were served, he was still the attorney of record. He started working on what he's going to do as far as an appeal."

Now that Connelly Builders is apparently joining the Zoning Administrator's petition against the BZA decision, Brewington admits to some level of frustration.

"It just snowballs. It seemed to me it was just a simple decision, and it's gotten a little more involved than that," he said.

Crosby advised the BZA members that she had a conflict because she is the city attorney. Brewington said that since Battle apparently indicated Crosby as the defendant's (BZA) attorney, that was a mistake. It will be corrected with the Clerk of Court's office, Brewington said.

"Sabrina (Morris) has been giving the zoning board (of appeals) instructions, but now that we are adversaries, we have to get information through Sherwyn" (Jacobs), he said.

Complicated

What complicates matters further is that Connelly Development LLC and Pin Oak LP have filed a separate legal action against the City of Georgetown, its Building and Planning Department and that department's director Sabrina Morris over the Pin Oaks project.

Jacobs said that Connelly Builders is seeking to join in the petition to get the BZA decision overturned.

A "Motion Hearing" is scheduled for Sept. 18.

'Return to Appeal'

Meanwhile, through attorney Bob Moran, Lori Ann Zito filed a response to Jamie Davis' petition and appeal on Aug. 26.

For a short while, Davis was the City of Georgetown's Zoning Administrator. However, she was not in that job in March when Thomas told neighbors that the apartments -- in his view -- were actually townhouses and so didn't need to come before the City's Planning Commission.

In the aftermath of another controversial issue -- where Davis wrote to Jeepy Ford of Parrish Motor Co. to take down the 18 American flags at his used car lot -- she is no longer with the City of Georgetown. Her departure came shortly after the petition was filed on Aug. 15, but no amendment has been made to the court documents to replace her name with building and planning director Sabrina Morris, or anyone else as Zoning Administrator.

Because of the decision made by Thomas at the March meeting that didn't happen, Zito and her neighbors went to the City's BZA which ultimately ruled in their favor and suggested the matter be sent to the Planning Commission. That's where the latest legal action comes in, where at least two "outside" attorneys will be paid for handling both sides of the issue for the city.

Zito says in her "Return to Appeal" papers that she "denies that the Board of Zoning Appeals decision was contrary to law."

Pin Oak LP was given eight separate building permits, dated Feb. 28, 2008, for seven four-unit "multi-family apartments" and a clubhouse. That was almost a month before Thomas said he had learned or decided that particular day that the "apartments" were "townhouses" and staff could issue building permits.

Zito, through her attorney Moran, points out that the 5.35-acre parcel has not been and is not expected to be subdivided into individual lots.

Also, plats are not to be approved without the approval of the Planning Commission.

A plat dated May 9, 2008 shows that then-chairman William Hartis' name is on the plat.

"The signature of the Planning Commission Chairman was affixed to this plat by the Administrator without submission to consideration or approval by the Planning Commission," Zito states.

Making additional arguments, Zito and her neighbors ask that the court find that the BZA in reversing the decision of the Zoning Administrator "did not commit an error of law and that this appeal be dismissed."

Motion hearings

Connelly Builders will apparently have an attorney present at the motion hearing on Thursday, Sept. 18. Zito and her neighbors will be represented by Moran, Battle will represent the City of Georgetown Zoning Administrator, and Jacobs will represent the City of Georgetown Board of Zoning Appeals.

A motion hearing is set that same day in the Connelly Development legal action against the City of Georgetown.

Board members needed

Along with all of the legal action, BZA Chairman Brewington said, the board is two people short.

The board was set up to have nine members. Most of the current members are able to make it to the monthly meetings, he said, but vacations or occasional sickness can cause problems.

"I wish we could get more participation," Brewington said.

Recently, the city has placed ads in the paper seeking applications for several boards and commissions, including the Zoning Board of Appeals, Community Appearance Board and Planning Commission. The ad states that applicants must live within the city limits of Georgetown. Interested parties are asked to contact Sabrina Morris at City Hall. Her number is 545-4013 and her e-mail is smorris@cogsc.com.

"We are looking for people who are willing to serve," Brewington said. "This is important for the community. The board is the conduit between the citizens and the city. Without board members who are willing to pay attention and research issues, it would be just the citizens against the city.

"All of those commissions serve the same purpose. They're here for the citizens."