City Still Waiting for Temporary Easement

Despite , downtown property owner Sam Hinton has yet to sign a temporary construction easement needed to facilitate the demolition of a derelict building on City of Dacula property.

Earlier this month, after a motion to condemn his property failed, Hinton addressed the council and indicated his willingness to allow city crews to use his land to access the building.

“I have no objection to you using my property if you are insistent upon tearing down that building,” Hinton said at the March 3 council meeting.

The building is on one of three city-owned parcels of land adjacent to Hinton’s lot. The city’s half-acre tract . The city attempted to acquire Hinton’s 50-foot-by-90-foot lot located at the corner of Wilson Street and Second Avenue for additional park space and to provide construction crews with access for the demolition project. In November of 2010, after what city officials described as several failed attempts to negotiate the purchase of Hinton’s property, .

Now, almost a month and one failed condemnation action later, the city is still waiting for Hinton to make good on his statement.

At Thursday night's city council work session, councilman Tim Montgomery said he has spoken with Hinton twice regarding the easement.

“My understanding is that he would like to see the building saved and used for something along the lines of a city farmer’s market,” Montgomery said.

According to Montgomery, Hinton had planned to attend the March 31 work session but reconsidered upon advice of his attorney.

“He said he would not be able to be at the meeting because he had contacted his attorney and his attorney had advised him not to come to the open meeting because there might be a reporter present,” Montgomery explained.

Montgomery expressed concern about the “distrust and animosity” surrounding the issue.

“All we want to do is get that thing cleaned up before Memorial Day,” he said.

In an email dated March 10, city attorney Dennis Still asked Hinton’s attorney, Denise Griffin, to review a proposed construction easement.

“That, as far as I know, is the only contact Dennis has had with Ms. Griffin,” said Dacula Mayor Jimmy Wilbanks.

Montgomery said he intended to speak further with Hinton and with Hinton’s attorney if possible. Mayor Wilbanks expressed skepticism the matter would be resolved easily and, pointing at a printout of the email to Hinton’s attorney, said:

“That’s as close to having a signed agreement as we’re ever going to have.”