TIFTON — TIFTON — The civil lawsuit filed last April against Tift County, Carl Fortson, the Tift County Board of Commissioners and Larry and Tony Massey by Ander and Richard Tucker has entered its 10th month of litigation.
The lawsuit centers on property on Lower Brookfield Road owned by the Masseys which has a number of mobile homes located on it. The Tuckers, who live in the area, contend the Masseys intentionally placed more mobile homes on the property than zoning permitted and then requested, and got, a variance from the Tift County Board of Commissioners for the code violation. The Tuckers contend it was illegal for commissioners to grant the variance to individuals who created the code violation. The lawsuit contends that manufactured housing permits issued to Larry and Tony Massey were issued in error by Fortson.
The lawsuit contends that the Masseys have in essence developed a mobile home park where one is not allowed under zoning ordinances and that Tift County refuses to enforce the zoning ordinance and restrictions.
Last May the defendants denied each of the plaintiff’s allegations and demanded a 12-person jury trial.
The Tuckers are represented in the lawsuit by local attorney John C. Spurlin. Tony Rowell represents the county. Local attorney Tommy Pittman and Raleigh Rollins of Thomasville represent Larry and Tony Massey.
The latest development in the case is an order signed by Superior Court Judge Gary McCorvey late last month extending the time for discovery of information in the case for another 90 days, until March 7.
There is a hearing scheduled in the case next week to hear three of the plaintiff’s motions: Motion to Strike, Motion for Default Judgment and Motion for Judgment on Pleadings.
To contact reporter Jana Cone, call 382-4321, ext. 208.
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