11th Circuit Urged Georgia Developer’s Suit

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11th Circuit Urged Georgia Developers Suit

In a compelling brief filed on Tuesday, the county vehemently refuted Corey’s claims, contending that the zoning ordinance does not contravene the federal Surface Transportation Assistance Act (STAA). The act, designed to ensure unimpeded access for truckers to interstate rest stops, does not grant property owners the right to demand unrestricted development at interstate exits, the county argued. Describing Corey’s attempt to utilize the STAA to overturn local zoning regulations as an audacious maneuver, the county emphasized that the statute aims to safeguard truckers and their companies rather than bestow rights upon property owners.

11th Circuit Urged Georgia Developer’s Suit : County’s Counterattack

Moreover, Rockdale County asserted that Corey’s lawsuit is fundamentally flawed as the STAA does not confer a private right of action for individuals like Corey, who seek to challenge zoning ordinances. Corey’s contention that the county obstructs interstate truckers from accessing rest stops was refuted by Rockdale County, which pointed out the availability of rest stops and the absence of any accusation from Corey regarding such impediments.

11th Circuit Urged Georgia Developer’s Suit : Legal Maneuverings

Drawing from legal precedents, including the U.S. Supreme Court’s decision in Armstrong v. Exceptional Child Center Inc., Rockdale County argued that Corey’s claims lack merit. The county emphasized that Corey’s pursuit of injunctive relief under the STAA is misplaced, as the statute reserves such remedies for the attorney general, not private entities.

Statute of Limitations

Highlighting Georgia’s two-year statute of limitations for tort actions, Rockdale County contended that Corey’s constitutional claims are time-barred. The county asserted that Corey was well aware of the zoning restrictions since 1999 and failed to bring timely legal action.

Res Judicata Doctrine

Further fortifying its defense, Rockdale County invoked legal doctrines such as res judicata to dismiss Corey’s claims, citing his prior challenges to zoning ordinances related to truck stops.

11th Circuit Urged Georgia Developer’s Suit: Constitutional Claims

Rockdale County dismantled Corey’s constitutional equal protection and substantive due process claims, arguing that they lack substance and fail to establish a valid legal basis.

Awaiting the Circuit’s Decision

Having emerged victorious in Georgia federal court, Rockdale County now awaits the Eleventh Circuit’s ruling on Corey’s appeal, confident in the robustness of its legal defense.

Representatives and Commentary

Represented by Thomas M. Mitchell of Carothers & Mitchell LLC, Rockdale County declined to offer further comments on the ongoing litigation. Meanwhile, Corey and U.S. Enterprises are represented by Roy E. Barnes of The Barnes Law Group LLC, who did not respond to requests for comment.