UPDATE: Fractious, five-year fight over fate of golf course

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Nydia Tisdale
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Forsyth to get update on golf course talks

Post by Nydia Tisdale » June 30th, 2011, 7:58 am

The Atlanta Journal-Constitution
By Jeffry Scott
June 28, 2011

Forsyth County commission chairman Brian Tam is expected to give an update today during the commission work session on talks between the county, residents, the owners, and likely bankers* involved in the Lanier Golf Club zoning dispute. A judge gave the county an extension until July 7 to rezone the property so that it can be developed. The proposal is to preserve 110-115 acres as either green space or a golf course.

http://www.ajc.com/news/county-by-count ... 89714.html

* Bank of North Georgia is a division of Synovus Bank

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Nydia Tisdale
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Bank of North Georgia, division of Synovus Bank

Post by Nydia Tisdale » June 30th, 2011, 8:08 am

Bank of North Georgia is a division of Synovus Bank.

Synovus Bank is one of the largest community banks in the Southeast, providing powerful solutions you may not expect from a community bank. We operate under thirty different trade names, listed below, that reflect our deep ties to the communities we serve.

While the names are different, each division shares a commitment to building long-term relationships and providing responsive, caring service.

Rob Garcia
robgarcia@bankofnorthgeorgia.com
http://www.synovus.com/index.cfm?catid= ... e&nrid=953
President and Chief Operating Officer
Bank of North Georgia
770-751-4733
8025 Westside Parkway
Alpharetta, GA 30009

Rockdale News
http://www.rockdalenews.com/archives/5237/

http://www.banknorthgeorgia.com

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Synovus Bank based in Columbus, Georgia

Post by Nydia Tisdale » June 30th, 2011, 8:11 am

We are Committed to Doing What is Right

Synovus is a financial services company with more than $29 billion in assets based in Columbus, Georgia.

Kessel D. Stelling, Jr.
kesselstelling@synovus.com
http://www.synovus.com/master/includes/ ... elling.pdf
President and Chief Executive Officer
Synovus
1111 Bay Avenue, Suite 500
Columbus, GA 31901

Forbes
http://people.forbes.com/profile/stelli ... l-d/139675
Citybizlist Atlanta
http://atlanta.citybizlist.com/3/2010/1 ... s-CEO.aspx
Kessel D. Stelling, Jr. - "Managing Through Tough Times"

NYSE: SNV
http://www.synovus.com

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Nydia Tisdale
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Lanier Golf Club, Inc. security deed

Post by Nydia Tisdale » June 30th, 2011, 2:45 pm

DEED TO SECURE DEBT

Grantor shall not initiate, join in or consent to any change in any private restrictive covenant, zoning ordinance or other public or private restrictions limiting or defining the uses which may be made of the Premises or any part thereof.

Grantor: Lanier Golf Club, Inc.
Grantee: Bank of North Georgia Div Synovus Bank
Amount: $1,500,000.00
Date: August 18, 2006
Due Date: August 18, 2007
Forsyth County Land Records
Book 4411, Pages 428-439

Lanier Golf Club, Inc. security deed
Page 3, Paragraph 4

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History tends to repeat itself

Post by Nydia Tisdale » July 3rd, 2011, 12:00 pm

Another land scam in the making?

The AboutForsyth Forum
By Nydia Tisdale
July 3, 2011

On August 18, 2006, Lanier Golf Club, Inc. granted to Bank of North Georgia, now a division of Synovus Bank, a Deed to Secure Debt for $1.5 million which was due on August 18, 2007. This security deed was written, notarized and recorded on the public record. The deed reads:

“Grantor shall not initiate, join in or consent to any change in any private restrictive covenant, zoning ordinance or other public or private restrictions limiting or defining the uses which may be made of the Premises or any part thereof.”

The Unified Development Code of Forsyth County requires a title opinion for all applications for rezoning and conditional use permit to confirm ownership of the subject property and identify any deed restrictions encumbering the property which prohibit the use sought by the application. [U.D.C. § 8-5.4 (F).]

To date, no modification or cancellation appears in the Forsyth County Land Records. Why has Lanier Golf Club escaped foreclosure on the courthouse steps?

The public and the steward of the public's interest — the Forsyth County government — must rely on instruments and adhere to restrictions on the public record.

How is it possible to ratify a written, notarized and recorded agreement — retroactively — almost five years after zoning application ZA3370 was submitted? To modify Lanier Golf Club's security deed to allow rezoning the golf course, wouldn't written consent — at the time of the modification — be required?

With Wellstone, LLC out-of-business and bankrupt, there is no longer a buyer on the hook. Why the urgency to zone the golf course property?

If Forsyth County grants a five-year, conditional use permit (CUP) for a continuing care retirement community (CCRC) and rezones a mixed use of master planned district (MPD) and residential district (RES3), then the appraised value would increase; thus allowing Bank of North Georgia to loan additional funds to borrower Lanier Golf Club with George Bagley, Jr., CEO, and John “Jack” Manton, CFO.

Sounds like another type of TARP — troubled asset relief program — government bailout — similar to the $4.9 million bond for Goodwill Industries and the $5 million HUD Section 108 loan application. If the HUD loan is approved for Almquist Hansen, then Lanier Golf Club would most likely be next in line for a HUD loan to build yet another blue pipe dream farm.

In 1974, ten bogus borrowers were promised by bank officers Lawrence S. Patton, as president, and Gene Robinson, as vice-president, at the Federal Land Bank in Gainesville that they would have no liability for their bogus loans or (mis)deeds; however, the court held the borrowers fully accountable to the notes, deeds and deficiency judgments.

In 1978, “Esquire” Emory Lipscomb was convicted on felony charges for his role as closing attorney in this fraudulent transaction. Attorneys Jack Manton and Coy Johnson lied on loan documents as borrowers on loans in which Lipscomb benefited.

In 1980, under Georgia Bar association rules in effect, the nolo contendere plea entered by Lipscomb entitled him to a trial in his home county before a jury of his peers. That Forsyth County jury concluded that the federal conviction should not cost Lipscomb his law license. But, bar association rules have changed since then.

If Forsyth County rezones and adjoining property owners release their claims — contingent on the promise of a future gift of land — and Lanier Golf Club later reneges or Bank of North Georgia renounces, then the county and the homeowners have been bamboozled.

Could this be another land scam in the making — as former “law” partners Lipscomb, Manton & Johnson know so well? A leopard-lawyer cannot change his spots.

Almost 40 years later, history tends to repeat itself.


William Emory Lipscomb III, closing atty. for land bank scam
Click link: viewtopic.php?f=1&t=6255

Unified Development Code of Forsyth County
http://www.forsythco.com/CPFiles/UDC/udc_010_ch8.pdf
Chapter 8, Page 8

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Friend of the Court letter to Judge Roger E. Bradley

Post by Nydia Tisdale » July 21st, 2011, 6:40 am

July 7, 2011

Judge Roger E. Bradley
Appalachian Judicial Circuit
1 Broad Street, Ste. #202
Ellijay, GA 30540

Dear Judge Bradley:

As a concerned citizen, I submit the following information to you as a Friend of the Court. I have no standing and I am not a party to any legal proceedings regarding the following matter.

On August 9, 2006, Lanier Golf Course, Inc. [sic] submitted a zoning application via its agent Wellstone, LLC to the Forsyth County Department of Planning and Development to rezone 172 acres of land known as Lanier Golf Club, Inc. located at 2080 Buford Dam Road, Cumming, GA, 30041. http://estatus.forsythco.com/applicatio ... &ID=112154

On August 18, 2006, Lanier Golf Club, Inc. granted a Deed to Secure Debt to Bank of North Georgia, now a division of Synovus Bank, in the amount of $1,500,000.00 as recorded in the Forsyth County Land Records, Book 4411, Page 428. The Deed to Secure Debt reads (Page 3, Paragraph 4):

Grantor shall not initiate, join in or consent to any change in any private restrictive covenant, zoning ordinance or other public or private restrictions limiting or defining the uses which may be made of the Premises or any part thereof.

To date, there is no modification or cancellation on record for the Deed to Secure Debt that was due on August 18, 2007.

As you are aware, the zoning application was denied and the property has been in litigation for several years. Please click the following link to read articles and reports regarding the Fractious, five-year fight over fate of golf course. viewtopic.php?f=1&t=6095

Following your order to zone the property to a constitutional zoning on May 12, 2011, the Forsyth County Board of Commissioners is expected cast its vote tonight.

Georgia law, county code and case law require minimum procedures to zone property as cited and excerpted below:

The Zoning Procedures Law [O.C.G.A. § 36-66-1 et seq.] provides:

The purpose of these minimum procedures is to assure that due process is afforded to the general public when local governments regulate the uses of property through the exercise of the zoning power.

The Unified Development Code of Forsyth County [U.D.C. 8-5.4 (F)] requires:
http://www.forsythco.com/CPFiles/UDC/udc_010_ch8.pdf

All applications for rezoning, conditional use permit, and sketch plat applications shall provide a title opinion issued by a duly admitted member of the State Bar of Georgia in good standing. In addition to confirming ownership of the subject property, the title opinion shall also identify and provide copies of any covenants, deed restrictions, and easements encumbering the property and shall further identify whether any of the identified covenants, deed restrictions, and/or easements prohibit the use being sought by the application.

The Court of Appeals of Georgia [HAMMOND v. FEDERAL LAND BANK COLUMBIA ET AL.] ruled: http://ga.findacase.com/research/wfrmDo ... .ga.htm/qx

Even if we were somehow to go beyond the dispositiveness of the prior adjudication, we still would be faced with the legal principles that the note between the bank and Hammond was required to be in writing (as it was). Hammond cannot now be permitted to vary the contents of that note in writing by a contemporaneous oral contradiction.

Again, the Court of Appeals of Georgia [WALL v. FEDERAL LAND BANK COLUMBIA ET AL.] decided: http://ga.findacase.com/research/wfrmDo ... .GA.htm/qx

Here plaintiff signed a written agreement (the promissory note and security deed) and thereafter seeks to vary or contradict the terms of that agreement by parol evidence with defendants' agents to release him. We find no consideration here whatsoever for this alleged release.

The transaction here (original promissory note and security deed) was an obligation not to be performed within one year and involved the title to real property. Hence any modification of same had to be in writing and had to be supported by a new consideration.


Your order to rezone the property and the county’s compliance calls into question the requirement to recognize deed restrictions on public record versus a property owner’s right to zone his or her property.

As the judge presiding over this case, I appeal to you to enjoin the rezoning of Lanier Golf Club. This decision could set a very dangerous precedent for future zoning decisions across the State of Georgia.

Respectfully submitted,

Nydia Tisdale
Roswell, Georgia



Read entire letter here:
Friend of the Court 07.07.2011

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Nydia Tisdale
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Latest battle in long Lanier Golf Club war

Post by Nydia Tisdale » March 11th, 2012, 11:30 am

In the Court of Appeals of Georgia
Third Division

C.J. Ellington
P.J. Doyle
J. Miller

A11A2100

PECK v. LANIER GOLF CLUB, INC.

Judgment affirmed.

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