Impact
WARD: Ward 2
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Title
Approval of Resolution 2014-02 Declaring that neither Branch Capital Partners, L.P. nor T&C Land have authority to maintain an action on behalf of the City and have no authority to prosecute claims involving City owned property.
Body
ISSUE: A Resolution of the City of Smyrna declaring that neither Branch Capital Partners, L.P (Branch) nor T&C Land, LLC, (T&C) have permission or authority to maintain an action on behalf of the City or prosecute claims, make representations or enter into binding agreements concerning City owned property and further declaring that such entities have no rights in City owned property and rescinding, revoking and terminating any authority that such entities may have had to include City owned property in a rezoning request.
BACKGROUND: Branch and T&C have filed a Complaint and De Novo Appeal in the Superior Court of Cobb County against the City and its elected officials alleging various improper actions incident to the denial of a zoning request and making various claims with respect to property sought to be rezoned. Some of this property is owned by the City. This resolution clarifies that Branch nor T&C has authority to act on behalf of the City regarding this City owned property.
RECOMMENDATION/REQUESTED ACTION: Approval of Resolution 2014-02