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County won't get new judge in suit
Request denied in golf course fight
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Forsyth County News

 

Forsyth County's government has been denied a second shot at a new judge in a lawsuit involving Lanier Golf Course.

Phillup Friduss, the attorney who handled the matter for the county, filed a motion asking that Appalachian Judicial Circuit Judge Roger E. Bradley be recused/disqualified from the case.

According to an order dated March 18 and signed by Enotah Judicial Circuit Chief Judge David E. Barrett, the county's request for a new judge was denied.

Barrett's order goes on to say that the only matter he was appointed to decide was that of the motion for disqualification and not a request for a new trial, which Friduss has also sought.

An order has not been signed regarding that motion.

Course owners Jack Manton and George Bagley, Jr. filed suit in 2007 against the county after the commission denied their request to rezone the 172-acre course from agricultural to a master planned district.

Bradley, who sided with the course owners and ruled the course's agricultural zoning was unconstitutional, announced in court that he'd been to the site the night before issuing his June 29 decision.

The announcement was made after closing arguments and after Bradley was invited to visit the course.

Bradley was assigned to the lawsuit after both Forsyth County Superior Court judges recused themselves.

Friduss, in his request, held that Bradley's visit to the course was "independent, unsolicited and undisclosed."

According to Barrett's order, Friduss did not object in court when Bradley was invited to the site.