Habersham Action Committee threatens to sue City of Cumming for sewer takeover 10/18/17

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Nydia Tisdale
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Habersham Action Committee threatens to sue City of Cumming for sewer takeover 10/18/17

Post by Nydia Tisdale » October 21st, 2017, 11:55 pm

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ANTE LITEM NOTICE LETTER TO CITY OF CUMMING

Ante litem is a Latin term meaning “before litigation”.

Some governmental entities — such as counties, police departments, school systems, and municipalities — may require that you send an ante litem notice of an intent to sue them in order to proceed with a lawsuit.

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Work being performed on the Habersham sewer treatment property on Thursday, June 29, 2017.

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No permit was found posted on the property at the time this work was being performed.

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Habersham sewer plant issue leads to $6,000 fee for residents near Lake Lanier
Attorney airs concerns over legality of city takeover, by Kelly Whitmire, Forsyth County News, on June 1, 2017.


Neighbors ordered to pay thousands for sewer fee

by Carl Willis Updated, WSB-TV on June 13, 2017.

Neighbors fight back against $6,000 sewer fee
by Carl Willis, WSB-TV on June 21, 2017.


Community airs concerns over Habersham Sewer
Residents charged $6,250 to connect to city sewer, by Kathleen Sturgeon, Forsyth Herald, on June 28, 2017.

City extends deadline for Habersham Sewer connection fees
Residents charged $6,250 to connect to city sewer, by Kathleen Sturgeon, Forsyth Herald, on July 26, 2017.

After residents scramble to pay more than $6,000 on a sudden one-time sewer connection fee to the city of Cumming, the City Council approved an extension until Sept. 29 and new payment plan.


Georgia’s Ante Litem Statute

O.C.G.A. § 36-33-5 (b) Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm, or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury. No action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment.

Municipal Ante Litem Notice Turned on its Head
By Rusi Patel, Associate General Counsel, Georgia Municipal Association, May 10, 2017.

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