The legal standoff between The Orchard Property Owners Association and Habersham County continues.
The Association sued earlier this year over the county’s plans to construct a public safety radio tower inside the gated community.
“Discovery is underway for the next several weeks. We will be filing a response on behalf of the County this week,” county attorney Donnie Hunt tells Now Habersham.
Hunt says the county also intends to file a Motion in Limine and a Petition for a Protective Order to limit the scope of the lawsuit. A Motion in Limine is a motion to exclude certain evidence in a case.
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Change of venue
The Orchard Property Owners Association filed the lawsuit in Fulton County Superior Court on July 3. However, the county argued the case was filed in the wrong jurisdiction.
Habersham County filed a Motion to Transfer for Improper Venue on July 20. The motion sought to transfer the case to Habersham County Superior Court. On July 31, The Orchard Property Owners Association filed an opposition to that motion. The two parties negotiated a resolution.
On August 24, Fulton County Superior Court Judge Kimberly Esmond Adams ordered the case be moved to Habersham.
