Barrow County Judge David Motes has dismissed a 2007 lawsuit filed against the Town of Braselton by the developers of a high profile commercial project in Barrow County on Hwy. 211, saying the developer’s lawyers had engaged in judicial “misconduct.”
Motes dismissed the lawsuit last month after lawyers for Century Center at Braselton failed to pay $18,000 in attorney fees to the Town of Braselton. The judge ruled in July that lawyers Barry Armstrong and Jeremy Moeser, had “knowingly and willfully present an inaccurate and false survey to the Court in an effort to defraud the Court and to subvert justice and to gain an unfair advantage in the case.”
Saying the lawyers also used “sleight of hand” in eliciting testimony from one witness, Motes ordered in July the payment of fees to the city by the developers.
But the fees were never paid by Century Center or its affiliate firms, leading to the October dismissal of the case. Century Center at Braselton, which is located on Hwy. 211 at Beaver Dam Road just south of the I-85 interchange, is owned by Dick and Chris Gray.
The litigation between Century Center and Braselton goes back nearly two years after the developers objected to some city-mandated infrastructure improvements along Hwy. 211, saying the road might be widened in the future thereby tearing out the improvements.
But Braselton leaders refused to give Century Center a variance and the developers sued Braselton in January 2007, saying the property had not been annexed correctly into the city. The move was apparently an attempt to withdraw from Braselton’s overlay district requirements which the firm objected to following.
The court’s dismissal revolves around an April 2007 hearing at which Braselton said lawyers for Century Center had “perpetrated a fraud upon the Court” with misleading testimony. The judge agreed in July with that argument and ordered the firm to reimburse the city’s legal expenses, or face having the case dismissed.