By Kristi Reed
Jacqueline Twiss said she knew her rezoning request would be denied even before the Barrow County Board of Commissioners voted at Tuesday night’s meeting.
Twiss' barn was cited as one of several code violations during Tuesday night's commission meeting, however, the barn was already on the property when purchased by Twiss four years ago.
Barrow County facing lawsuit over zoning request
According to Twiss, one of the commissioners told her the board had discussed the request and planned to vote against it.
Although the Barrow County planning commission recommended approval for rezoning the 24 acres on Hancock Bridge Road from R-1 to AG, commissioners voted unanimously to deny the request.
Twiss said there was no legitimate reason for denial.
“There was no legal reason for it,” she said. “It was just the whim of the commissioners.”
Knowing the request would meet with opposition, Twiss filed a constitutional objection prior to the commission meeting that reserved her right to appeal the vote.
Twiss said she has met with an attorney and will soon be filing an appeal in Superior Court.
Twiss is the owner and operator of Across the Way stables. When she and her husband purchased acreage on Hancock Bridge Road four years ago, they did so with the intent of relocating the stables to the property.
After learning that the business, which specializes in the retraining of thoroughbred race horses, is not allowed under residential zoning, Twiss requested that her acreage be rezoned to agricultural.
The planning commission voted unanimously to recommend approval for the request with staff recommendations that the riding arena be moved and a maximum of 11 horses be kept on the property.
In the staff analysis, the planning board noted that the rezoning would be suitable for the area and would also be consistent with the county’s comprehensive plan. The analysis further noted that the rezoning would not cause any adverse affect on adjacent and nearby property.
Kenny and Karen Post, Twiss’ next door neighbors, disagreed.
Last month, Karen Post asked the planning commission to deny the request saying their neighborhood, Riverbluff subdivision, is a residential area and that agricultural activities would have a negative impact on her property values.
“We expected to enjoy residential activities,” she said. “We never would have bought R-1 land next to agricultural property.”
The Posts were represented at Tuesday’s commission meeting by attorney John Stell. Stell asked commissioners to deny the request citing ordinance violations and environmental hazards among other issues.
Stell also said he had a petition signed by 50 nearby property owners opposing the request.
Twiss said she knew of only five people in her neighborhood that had signed the petition.
“Their attorney told lie after lie after lie,” she said.
Twiss said she is not currently in violation of any ordinances and that the accusations made by Post are false.
While the rezoning issue is a cause of stress to Twiss, she said she is also being subjected to daily harassment by the Posts.
According to Twiss, she and her husband cannot go outside without being photographed by Karen or Kenny Post. The Posts have also followed her vehicle several times, Twiss said.
On September 26, Twiss called the Barrow County Sheriff’s Office to file a report accusing the Posts of ongoing harassment after being photographed and followed while working outside.
Twiss also told the deputy that in addition to being harassed by the Posts, on three separate occasions a dead animal has been placed on her driveway directly outside her gate. Each time, the animal appeared to have been shot. The incidents have made Twiss fearful, she said.
According to the report, the Posts denied Twiss’ allegations and said she “made a false complaint because she is a sore loser.”
The report further stated that the Post consider the problem resolved since they “won.”
Twiss is scheduled to meet with her attorney next week to institute court proceedings against the county.
Although the Barrow County planning commission recommended approval for rezoning the 24 acres on Hancock Bridge Road from R-1 to AG, commissioners voted unanimously to deny the request.
Twiss said there was no legitimate reason for denial.
“There was no legal reason for it,” she said. “It was just the whim of the commissioners.”
Knowing the request would meet with opposition, Twiss filed a constitutional objection prior to the commission meeting that reserved her right to appeal the vote.
Twiss said she has met with an attorney and will soon be filing an appeal in Superior Court.
Twiss is the owner and operator of Across the Way stables. When she and her husband purchased acreage on Hancock Bridge Road four years ago, they did so with the intent of relocating the stables to the property.
After learning that the business, which specializes in the retraining of thoroughbred race horses, is not allowed under residential zoning, Twiss requested that her acreage be rezoned to agricultural.
The planning commission voted unanimously to recommend approval for the request with staff recommendations that the riding arena be moved and a maximum of 11 horses be kept on the property.
In the staff analysis, the planning board noted that the rezoning would be suitable for the area and would also be consistent with the county’s comprehensive plan. The analysis further noted that the rezoning would not cause any adverse affect on adjacent and nearby property.
Kenny and Karen Post, Twiss’ next door neighbors, disagreed.
Last month, Karen Post asked the planning commission to deny the request saying their neighborhood, Riverbluff subdivision, is a residential area and that agricultural activities would have a negative impact on her property values.
“We expected to enjoy residential activities,” she said. “We never would have bought R-1 land next to agricultural property.”
The Posts were represented at Tuesday’s commission meeting by attorney John Stell. Stell asked commissioners to deny the request citing ordinance violations and environmental hazards among other issues.
Stell also said he had a petition signed by 50 nearby property owners opposing the request.
Twiss said she knew of only five people in her neighborhood that had signed the petition.
“Their attorney told lie after lie after lie,” she said.
Twiss said she is not currently in violation of any ordinances and that the accusations made by Post are false.
While the rezoning issue is a cause of stress to Twiss, she said she is also being subjected to daily harassment by the Posts.
According to Twiss, she and her husband cannot go outside without being photographed by Karen or Kenny Post. The Posts have also followed her vehicle several times, Twiss said.
On September 26, Twiss called the Barrow County Sheriff’s Office to file a report accusing the Posts of ongoing harassment after being photographed and followed while working outside.
Twiss also told the deputy that in addition to being harassed by the Posts, on three separate occasions a dead animal has been placed on her driveway directly outside her gate. Each time, the animal appeared to have been shot. The incidents have made Twiss fearful, she said.
According to the report, the Posts denied Twiss’ allegations and said she “made a false complaint because she is a sore loser.”
The report further stated that the Post consider the problem resolved since they “won.”
Twiss is scheduled to meet with her attorney next week to institute court proceedings against the county.
We hope their house sells soon. Her old neighbors don't want her moving back. We've been keeping tabs, just in case!
And Ms. Twiss, Please be careful!
You have enough land and see no reason why they would deny you the rezoning.
I am sorry our county is still a redneck vigalanty type county but it is.
Who hired the attorney? I thought this was between the Post and the Twiss. The 1st article in the Barrow Journal stated Ms. Post didn’t want to live next to horses. Now an attorney claims Ms. Twiss violated all kinds of ordinances. In the Athens Banner article when the reporter called for comment she spoke with Ms. Pillows. This leads me to believe that Ms. Pillows hired the attorney. What beef does Ms. Pillows have with Ms. Twiss? And what is her relationship to the Post?
http://www.onlineathens.com/stories/092508/new_336432473.shtml
If Ms. Twiss had in fact violated so many ordinances, why hasn’t the county done anything before now? The latest article in the Barrow Journal states that the planning commission voted to rezone and staff analysis recommended it. This leads me to believe that Ms. Twiss really hasn’t violated numerous ordinances.
The one commenter (Grenada) made the statement that Ms. Twiss had taken away a traditional hunting area. Could this mean that when she purchased her land, he could no longer hunt on it? And later on in the comments he went on to write about shooting on or near her property. I think this goes back to the article written over a year ago about Ms. Twiss complaining that people where shooting near her property. It sounds to me, like this Grenada is deliberately shooting across her property.
The partition -- According to the meeting minutes, there were over 50 names on the partition. Ms. Pillows stated there were only 30 names on the partition. Ms. Twiss claims there are only 5 or 6. As anyone seen this partition and who verified it?
Yes, the Pillows hired the attorney. Why? Because the Post don't have the money.
What beef do the Pillows have? When I purchased my land, Mr. Pillows and a few of the other neighbors thought this was their own private hunting area. I don't allow hunting on my property. I stopped their poaching. They didn't like it.
What is the relationship between the Pillows and the Post. -- Besides being the glue that holds the other up -- don't have a clue.
No I haven't violated numerous ordinance. The Post have file numerous complains with the county, state and federal agencies. I guess they figured if they said it, it must be true. All complaints have proven false.
I suspect Grenada is Mr. Pillows. (see above)
The partition -- as far as I know, no-one has seen it.
know that for a fact!
The hunters were there first. And, I don't even hunt or live in that part of the county.
And if you don't live in the area, how do you know I started calling the authorities on the poachers?
I must admit I did not know that you bought the flood plain. It never occured to me that anybody would want that. With the flood plain in Jackson County and your house in Barrow County, and the "for sale" sign only on the Barrow side, it would stand to reason that only the Barrow side was for sale.
What about the commissioners who for no legitimate reason denied the rezoning? What about my neighbors who harass me? It blows my mind that people glossed over that! I find it hard to believe that the people of Barrow County think its okay to harass. I find it hard to believe that the people of Barrow County don’t care that their commissioners are biased.
The poachers hired an attorney to represent them. They were incapable of speaking for themselves. This attorney was at one time Barrow County’s’ legal counsel. He stood before the commissioner and told lie after lie. I was denied any chance to rebut. I never had the right to deny the false allegations.
When I was supposedly out here, violating ordinance after ordinance, and running an illegal business -- I was actually fighting for my life. I was diagnosed with cancer three months after purchasing the property. In 2007, I finally had my strength back and begin making preparation to reopen the stables.
I have approx 25 acres. It’s mostly flood plain. I want to rezone and run a stable. I want to bring jobs and money into Barrow County.
But no, Jerry Lampp thinks land zoned R1 should never be rezone back. Never mind that the planning board voted to rezone. Never mind that studies state that it’s in line with further use plans. Never mind that it will increase the property values of surrounding areas. Think not? Look at communities that have equestrians’ facilities. This is some of the MOST EXPENSIVE property in Georgia and across the country.
I hope the new board is fair and honest and capable of listening to both sides of an arguments and not just the side that reinforces their own personal bias.
What about the commissioners who for no legitimate reason denied the rezoning? What about my neighbors who harass me? It blows my mind that people glossed over that!
I find it hard to believe that the people of Barrow County think its okay to harass. I find it hard to believe that the people of Barrow County don’t care that their commissioners are biased.
The poachers hired an attorney to represent them. They were incapable of speaking for themselves. This attorney was at one time Barrow County’s’ legal counsel. He stood before the commissioner and told lie after lie. I was denied any chance to rebut. I never had the right to deny the false allegations.
When I was supposedly out here, violating ordinance after ordinance, and running an illegal business -- I was actually fighting for my life. I was diagnosed with cancer three months after purchasing the property.
In 2007, I finally had my strength back and begin making preparation to reopen the stables.
I have approx 25 acres. It’s mostly flood plain. I want to rezone and run a stable. I want to bring jobs and money into Barrow County.
But no, Jerry Lampp thinks land zoned R1 should never be rezone back. Never mind that the planning board voted to rezone. Never mind that studies state that it’s in line with further use plans. Never mind that it will increase the property values of surrounding areas. Think not? Look at communities that have equestrians’ facilities. This is some of the MOST EXPENSIVE property in Georgia and across the country.
I hope the new board is fair and honest and capable of listening to both sides of an arguments and not just the side that reinforces their own personal bias.