Century Ctr. at Braselton LLC v. Town of Braselton

The trial court did not err in granting sanctions under § 9-15-14, since the trial court found that the appellants' counsel knowingly and willfully presented an inaccurate and false survey in an effort to defraud the trial court, subvert justice and gain an unfair advantage.

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In 2004, the Town of Braselton annexed a 26-acre parcel of land owned by Appellants with frontage on State Route 211. In March 2005, the Town created an overlay zoning district requiring certain improvements along S.R. 211. With respect to “Phase I” of their development, Appellants applied for a development permit and a variance exempting the property from required improvements within the right-of-way for S.R. 211. The Town’s Planning Department recommended denial of the variance, and the Zoning Board of Appeal adopted that recommendation in September 2005. In November 2005, Appellants and the Town entered into an escrow agreement providing that the Town would obtain necessary permits and construct the right-of-way improvements, that Appellants would pay for the improvements, and that their right to challenge the overlay district requirements was specifically reserved. Appellants constructed a building on the property and, in August 2006, submitted an application for a development permit with respect to “Phase II.” The Town refused to consider that second application, stating that it was incomplete and deficient for failing to comply with the overlay district requirements. Thereafter, the Georgia Department of Transportation issued the Town a permit to construct the right-of-way improvements.

In February 2007, Appellants brought suit against the Town, as well as its Director of Planning and the Town Manager in their official capacities, Appellees for declaratory judgment, mandamus, and injunctive relief and for damages. Appellants subsequently filed a motion for partial summary judgment based on the alleged unconstitutionality and invalidity of the overlay zoning district. The trial court denied that motion and, on January 28, 2008, we denied an application for interlocutory appeal from the trial court’s order.

Century Ctr. at Braselton LLC v. Town of Braselton

The trial court did not err in granting sanctions under § 9-15-14, since the trial court found that the appellants' counsel knowingly and willfully presented an inaccurate and false survey in an effort to defraud the trial court, subvert justice and gain an unfair advantage.

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