by Jason Wright / Appen Newspapers
April 24, 2009
Crooked Creek's homeowners association feels a city policy tied to gating the 640-home neighborhood is unlawful. It is now weighing the option of legal action because of the policy if the city doesn't change its rule.
The development has been working with the city for more than a year to try and have the neighborhood gated because of safety concerns with traffic and speeding on Creek Club Drive, which connects Ga. 9 with Francis Road.
City Attorney Ken Jarrard said such a move would require the city to abandon the roads, and Fulton County's road abandonment policy – which Milton adopted – requires 100 percent of homeowners on the road to agree to such a move.
Crooked Creek's HOA board contends 100 percent participation is unattainable in such a large neighborhood. They already took an internal vote last year, and it hovered around 80 percent. According to the policy, everyone on roads adjacent to Creek Club Drive – including Ga. 9 – would have to vote yes, too.
At its work session April 20, Milton's City Council heard from Doug Dillard, a real estate lawyer with Atlanta-based Dillard and Galloway LLC, on behalf of Crooked Creek.Dillard argued that since Milton residents – specifically Crooked Creek residents and their friends, plus police and fire units – would use the roads, abandonment was not the issue. He also maintained the developer once cared for the roads in the neighborhood, which the HOA contends were never supposed to be public roads in the first place.
Lastly, he said closing the road wouldn't affect drivers enough to require them to be compensated for the longer trip and wouldn't create hardships for Crooked Creek residents who want open roads.
"I think the potential harm that might be created out there, either to the property owners in Crooked Creek or to the traveling public, is insignificant if not nonexistent," he said.
Council then retired to an executive session to discuss the potential litigation and to try and set up a meeting with Dillard to discuss the issue. At press time, no meeting date had been agreed upon.
To find out more about The Crooked Creek Subdivision in Milton, GA, click here=>