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post trial brief - AboutForsyth.com

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6. Restoration and remediation of government property stolen and improperly filled and cleared on<br />

Lake Lanier.<br />

7. Voiding of Ivyshaw Landing and Ivyshaw Park Subdivision plats and approvals until all<br />

corrective actions and remedial actions are <strong>com</strong>plete.<br />

18.<br />

Further, due to the direct showing of misappropriation of funds by Plaintiff, their claims should<br />

be denied and investigation requested by Internal Revenue Service.<br />

19.<br />

Defendants were owners of 9140 Ivyshaw Landing at the time of filing of this action, therefore,<br />

due to the actions of the Plaintiffs in accepting the subdivision from the developer without proper due<br />

diligence and callously disregarding the obvious violations as reported by Defendants experts,<br />

Defendants' home was not marketable and Defendants seek judgment against Plaintiffs for the value of<br />

that property, which according to appraisal is in the amount of $1,800,000.00.<br />

20.<br />

Defendants further seek judgment against Plaintiffs in the amount of expenditures made by<br />

Defendants on behalf of all of the homeowners of the subdivision in exposing this “fraud for profit”<br />

racket. As show above, that amount is $13,369.27.<br />

21.<br />

As a matter of law, Defendants show that Plaintiff's request for attorney fees should be denied.<br />

22.<br />

The reason for Plaintiff's refusal to turn over the books and records with regard to attorney fees<br />

began to be exposed in front of the court during <strong>trial</strong> and have lately been further jelled since the public<br />

<strong>post</strong>ing of the <strong>trial</strong> video on you-tube. Present in the courtroom audience during <strong>trial</strong> was a certain<br />

lawyer employed by the Gwinnett County Solicitor, Mr. Tad Franklin Kelley, the son-in-law of Bruce<br />

and Kathy Weintraub. Mr. Kelley assisted Plaintiff's counsel, Mr. LoMonaco at times during the <strong>trial</strong>.<br />

Page 9

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