Sunshine scofflaw attorney Dana B. Miles

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Nydia Tisdale
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Sunshine scofflaw attorney Dana B. Miles

Post by Nydia Tisdale » April 24th, 2012, 9:50 pm

Residents find zoning a tough game

The Atlanta Journal Constitution
by Rebecca McCarthy
February 21, 1988

Article, one of four on politics and government in Forsyth County, cites two instances in which Forsyth County Commission handled rezoning requests in questionable manner.

See also three articles on page 1B: introductory sketch and profiles of contractor Lamar Suddeth and of attorney Emory Lipscomb.

A number of unhappy homeowners are complaining that when the game is zoning, the playing field in Forsyth County doesn't always seem level.

Last fall, 17 Forsyth County homeowners were worried about the proposed expansion of a boat storage facility near their Lake Lanier neighborhood. They contended that the expansion would bring more traffic to a road that already had more than it could handle.

They made a few political waves to try to stop the project, attending meetings of both the Planning Commission and the County Commission to register their opposition.

They said they talked with County Commissioner David Gilbert, who represents their district, and with other public officials, and were relieved to learn that a traffic impact study would be completed before the commissioners decided the matter.

On Dec. 28, the commission passed the rezoning request needed for the project. No one opposing the expansion was at the meeting.

Homeowners said they had been told by the county administrator that the matter would not come up at that meeting. They made no plans to attend it.

"I truly believe they had it all planned," homeowner Grace Ball said.

Gilbert said later that he had no obligation to tell anyone that he intended to bring the matter to a vote. County ordinances, however, indicate otherwise.

Adopted by the Forsyth County Commission on Feb. 24, 1986, the ordinance says that "at least 15, but not more than 45 days, prior to the date of any hearing before the Forsyth County Planning Commission or the Board of Commissioners of Forsyth County, there shall be published in a newspaper of general circulation within Forsyth County, a notice of the hearing."

During November and December, no such newspaper notice appeared indicating that the commission would consider the rezoning request on Dec. 28.

The county also failed to notify Wayne Mendoza about a zoning decision affecting his property. Set back from the shores of Lake Lanier, Mendoza's modern house is expansive and expensive. When Mendoza, 34, relocated in 1982 to Greenville, S.C., his retired parents, Al and Ella, moved from DeKalb County into his 2,800-square-foot home.

County records show that on Sept. 2, 1986, Cobb County resident Bernard Gilliland appeared before the Forsyth County Zoning Appeals Board, requesting a variance to build a house on an inverted L-shaped piece of property bordering Mendoza's lot.

Forsyth County ordinances require that property be at least 100 feet wide at a building's foundation in areas zoned Vacation Cottage Restricted, as is much of the land around Lake Lanier. The lakeside portion of Gilliland's irregular tract narrows to 40 feet as it approaches the water.

Gilliland requested a variance that would allow him to build his house close to the lake, within about 25 feet of Mendoza's back deck.

As the law requires, the Forsyth County Planning Department notified Mendoza, an adjacent property owner, of the September hearing.

When variances or rezonings have been requested, the Planning Department sends letters to all owners of adjoining property, notifying them of an upcoming hearing. And while the Planning Department normally advertises rezoning requests in a county newspaper, it does not advertise variances.

At the September hearing attended by Wayne Mendoza, the board denied the variance. Mendoza said it was suggested that Gilliland build instead on the widest part of his property, closer to the road, to comply with county ordinances.

Image
Scofflaw attorney Dana Miles — today

About three months after the initial request, on Dec. 1, 1986, Gilliland and his attorney, Dana Miles — a partner in the law firm of Lipscomb, Johnson, Miles & Ashway — again appeared before the zoning board, asking for a variance. Records indicate the board refused to hear the case and instructed Gilliland not to apply again until a year had elapsed from his September application.

Assured the matter was temporarily closed, Wayne and Al Mendoza said they laid aside their copious files and relaxed — unaware of letters passing between Miles, the county commissioners and County Attorney Robert Stubbs.

"Next thing we knew, bulldozers were coming down the hill," Wayne Mendoza said. At their March 23, 1987, meeting — without notifying Mendoza — the county commissioners reversed the zoning board decision and allowed construction on Gilliland's house to begin.

Minutes show that the ruling was the evening's last order of business. Introduced by Gilbert and seconded by Welch, the proposal to overrule the Zoning Board of Appeals and grant Gilliland his variance passed unanimously.

The Mendozas received no formal notice that the commissioners intended to consider Gilliland's request for an appeal. Instead, Al Mendoza said he learned of the commission's ruling three months later, in mid-June, through a friend who overheard Miles discussing the matter.

"I was gigged," said Wayne Mendoza. "I did everything I was supposed to do, I did it when I was supposed to as I was notified, and I got blindsided."

Photo: Al Mendoza stands on his son's property on Lake Lanier; to his right is the house being built 25 feet from his son's house after the commission granted a variance./ANDY SHARP/Staff

Last paragraph omitted.

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Nydia Tisdale
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Forsyth County Civil Service Board 03/10/11

Post by Nydia Tisdale » January 22nd, 2013, 10:55 am



Forsyth County Civil Service Board Hearing Officer and City of Cumming Attorney Dana B. Miles displays a disrespectful disregard towards the public and Georgia Sunshine Law.

Forsyth County Civil Service Board meeting March 10, 2011.
Forsyth County Public Safety Complex, 3520 Settingdown Rd.
Citizens David Milum, Brant Meadows, Nydia Tisdale
Hearing Officer Dana B. Miles
Chairman Avery Y. Howell
Vice Chairman Terry Smith
Member John Blanchard
Clerk Charity Clark
FCN reporter Julie Arrington

Video by Nydia Tisdale for AboutForsyth.com.

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Nydia Tisdale
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Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
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Private Attorney working as Public Official Attorney

Post by Nydia Tisdale » January 22nd, 2013, 11:23 am


weisser59
Posts: 12
Joined: July 2nd, 2007, 8:40 am

Re: Sunshine scofflaw attorney Dana B. Miles

Post by weisser59 » January 22nd, 2013, 4:43 pm

Scumbag

A reprehensible person with no morals and holds no regard for anyone but him/herself.

A prime example is the English footballer John Terry a truly disgusting human being a total scumbag.

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