On Wednesday, April 16, on behalf of Love Shack owner John Cornetta, attorney Cary S. Wiggins issued an ante litem notice to Mayor Mike Bodker [pictured] of Johns Creek to request lost profits in regards to the city’s wrongful denial of a sign permit for the Love Shack extending to Oct. 16, 2007.
This ante litem notice made an offer to settle for a payment of $668,000 along with the issuance of a sign and banner permit.
In the letter to Mayor Bodker, Wiggins wrote, “I am using October 16, 2007 as the beginning injury date. (I say ‘beginning’ because the injury is, or injuries are, continuing.) This is the date when the City’s decision to deny Love Shack’s applications became ‘final.’ The extent of the injury is pervasive and centers on lost profits. If, as Love Shack contends, the City’s motive in denying the permit applications was to make it difficult for patrons to find the store, a considerable amount of lost profits is foreseeable damage.”
Although the letter made an offer to settle this case between the Love Shack and the City of Johns Creek, this has nothing to do with the Love Shack’s other ongoing cases against the City of Johns Creek and Fulton County.
This letter from Wiggins can be found in its entirety at www.Cornettta.com and www.LoveShackOnline.com
