For Immediate Release:

Contact: Bill Doughty, APR, 678-577-8152

City moves to intervene in Fulton billboard case
Mayor questions commissioners' actions, says they're 'selling out' citizens

JOHNS CREEK, Georgia—December 5, 2007—The City of Johns Creek today filed a motion to intervene in a lawsuit brought by outdoor advertising firms against Fulton County in an effort to prevent a proposed settlement agreement that would leave the city holding the bag in the fight to regulate billboards within its borders.

Under the proposal approved today by the Fulton County Commission, the county would approve sign permits for 74 billboards, including 31 in Johns Creek. In doing so, they rejected an alternative option of paying the outdoor advertisers several million dollars in damages.

Mayor Mike Bodker says the county has no right to approve the permits within the city's jurisdiction and accused commissioners who supported the settlement agreement of "abandoning" citizens, selling away the community's "tranquility," and acting in a fiscally irresponsible manner.

"Once again, a majority of Fulton County commissioners chose to throw their citizens to the wolves and abdicate their responsibility to preserve the community's quality of life by failing to deal with their past mistakes," Bodker said.

"The money would be a small price to pay compared to the negative impact these billboards will have if they are erected in our city. We keep paying and paying tax dollars to Fulton County leaders with the expectation that they will protect our citizens and our quality of life. By that measure, they have failed miserably with this settlement vote."

Bodker did express appreciation for efforts by Commissioner Lynne Riley, whose District 3 includes Johns Creek, to argue against the settlement proposal.

"Commissioner Riley truly has the best interests of her constituents at heart and did the morally right thing," the mayor said. "It's unfortunate that common sense did not prevail."

The case began in 2005, prior to the city's incorporation, when the Alpharetta-based outdoor advertising company Galberaith and Associates challenged the Fulton County sign ordinance in court. Several other firms quickly joined in but those suits were stayed pending the outcome of the Galberaith case. The Georgia Supreme Court ultimately found portions of the Fulton County ordinance to be unconstitutional. In September, the county met with billboard company representatives in a mediation session where the settlement agreement was drafted.

Bodker said the aspect of the case that should most outrage Johns Creek citizens is that Fulton County could have avoided the entire issue if, at any point while the matter was in the courts, commissioners had made the necessary changes to their sign ordinance that would render it constitutional.

"Instead, they chose to sit on their hands," Bodker said. "Now, as they've done with so many other issues, they have tossed this into our (city's) lap and said 'you deal with it.'"

The city filed its motion to intervene in the case based on three points:

1. Only Johns Creek, not Fulton County, has the power to issue sign permits within the city's borders and only Johns Creek has the responsibility to protect its citizens' interests in zoning matters.
2. The settlement agreement between Fulton and the billboard companies compromises the city's rights because it contains illegal provisions that both parties are asking the judge to give legal status.
3. No other party is representing Johns Creek's interests in this matter.

The city is also arguing that the settlement agreement switches the burden in this case, the mayor said. As originally filed, it was up to the billboard companies to show a) they are entitled to the sign permits, b) that the county has the right to issue those permits, and c) that the companies are entitled to equitable relief because the county failed to issue the permits. If Johns Creek has to file a new action in this matter, the burden is then on the city to prove the opposite.

"The fact is, Fulton County no longer has the right to issue those permits in Johns Creek," Bodker said. "In approving this settlement, they are trying to pass the burden and cost for defending these cases, as well as any potential liability, to the city when it was they who created the situation."

"It's like selling a house. You can sell your house, but you can't sell your neighbor's," the mayor said. "Fulton County is trying to sell our house."

About the City of Johns Creek
The City of Johns Creek, Georgia is located in the northeast corner of Fulton County. It was incorporated December 1, 2006, following a voter referendum July 18, 2006.

For more information, visit the City of Johns Creek Web site at www.JohnsCreekGA.gov.

Press Contact:
Bill Doughty, APR
Public Relations Manager
City of Johns Creek
P 678-577-8152

The City of Johns Creek believes all press releases were accurate as of their respective dates, but makes no representation as to accuracy on any other date and assumes no responsibility for updating information contained in any press release.