Ebenezer Road Dollar General argued in court

Arguments were heard today regarding the challenge of whether a spot on the Ebenezer Road not far from the 4-way stop at 188 can be used for a Dollar General store.  How the controversy proceeds is in the hands of a circuit judge who is going to take the time for further study before ruling.  Attorney Larry Brandt, representing opposing home owners, alleged that the April vote by the Oconee Board of Zoning Appeals to allow a special exception was arbitrary and capricious, and he wants Judge McIntosh to order that a previous hearing be made part of the considerations.  In that previous hearing, last December, the same board rejected a special exception that would have allowed a Dollar General across the road.  And Brandt claims the December action was based on the same reasons the board used to approve a special exception in April.  Attorney Doug Gray, representing Oconee County, said by comparing the two hearing, Brandt is comparing “apples and oranges.”  The actual appeal by Brandt’s clients will be a separate proceeding, not yet scheduled.  Each side claims they have public opinion on their side.  Lewis McMahan, who wishes to sell the property on which Patton Development would build the store, says there are people in the area who want the store and would find it convenient to shop there.