BLUE RIDGE, Ga. – After a long fought battle to defend her residency and continue to run for Blue Ridge City Council Post One, Jane Whaley received news that her appeal filed with the Supreme Court of Georgia has been denied.
In a hearing held Monday, Sept. 25, 2017, Whaley, along with lawyer Frank Moore, defended her residency within the city of Blue Ridge. Ultimately, Election Supervisor Barbie Gerald decided Whaley did not meet qualifications to run for City Council.
In an official letter, Gerald states:
As noted previously, Section 2.10(b) of the City Charter requires that in order for a person to be eligible to serve as a Councilmember upon the City Council of the City of Blue Ridge, the person must have been a resident of the City for 12 months immediately preceding the election of the Councilmember. Under Mrs. Whaley’s own testimony, she did not reside within the city for 12 month period, and therefore does not meet this qualification requirement to be a candidate of the Post One seat upon the Blue Ridge City Council in the 2017 General Election to be held on Nov. 7, 2017.
Whaley appealed Gerald’s decision on Oct. 13. Judge Richard Winegarden resided over the four-hour hearing.
Winegarden upheld the decision made by Gerald regarding Whaley’s candidacy. He found “that the determining of the Election Superintendent should be affirmed.”
Moore, Whaley’s attorney, filed an appeal with the Supreme Court of Georgia and asked for a stay of the election.
The Supreme Court of Georgia sent notification today that all Justices concurred and a discretionary review along with the stay of the election is denied.
Addressing the decision, Moore stated, “Needless to say, we are very disappointed.”
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What issues do you feel should be on the first agenda for the “new” 2018 Blue Ridge City Council? BKP has a few suggestions for them. Hear what his suggestions are and send us any that you feel should be on there as well. Also, you do not want to miss BKP’s “wolf watch” update!
BLUE RIDGE, GA – Judge Winegarden denied the first appeal on behalf of Jane Whaley and the decision to disqualify her as candidate for Blue Ridge City Council Post One.
On Friday, October, 13, 2017, an appeal hearing was held at the Fannin County Courthouse. The case was heard by Judge Richard Winegarden due to the recusal of the Superior Court Judges who serve in the Appalachian Judicial Circuit which includes Fannin County Superior Court.
City Council Post One Candidate Jane Whaley was found ineligible to run after a hearing questioning her residence was held on Monday, September 25, 2017.
Election Superintendent Barbie Gerald was tasked with this initial decision, and decided to disqualify Whaley based on evidence presented. Gerald stated in a letter explaining the decision, “Under Mrs. Whaley’s own testimony, she did not reside within the city for the 12 month period.”
Whaley publicly stated shortly after the decision, “I believe I am a legitimate candidate, and I am going to appeal this decision.”
Whaley’s attorney Frank Moore filed an appeal on the decision to disqualify Whaley reciting that Georgia is a domicile state, and under that definition intent to dwell qualifies as residency.
The hearing on October 13, began at 5:00 P.M. and lasted until 9:00 P.M. Judge Winegarden heard arguments from both sides, Moore representing on Whaley’s behalf and City Attorney David Syfan representing the decision made by Gerald.
After hearing the evidence presented, Winegarden denied the appeal. He found “that the determining of the Election Superintendent should be affirmed.”
Moore requested a stay on Winegarden’s decision at that time. This would allow Whaley’s name to continue to be on November 7, 2017, election ballots, and give time for the Georgia Supreme Court to hear the case.
Winegarden did not grant this request, but Moore is hopeful that the Georgia Supreme Court will issue a stay if granted a hearing on the appeal.
Moore is preparing a request for an appeal of the decision to the Georgia Supreme Court. He expects to have this request entered by Tuesday or Wednesday, October 17th / 18th.
Campaign signs supporting the candidacy of Jane Whaley have recently been removed from the City of Blue Ridge. Moore also sent a request that these signs be put back up while Whaley continues her appeal process.
How important is it to know how our candidates live their lives outside of politics?
Paraphrased from GMFTO on FYNTV:
Would you want a City Council Member that was a high roller?
Would you vote for a candidate that REGULARLY gambled hundreds of thousands of dollars?
I don’t know yet, but I understand it is possible that a candidate is a casino regular, maybe not just a regular, but possibly a high roller?
The source can’t be revealed, and it isn’t 100% verified, but this is a source that would KNOW!
Hi, my name is Jane Whaley. I’m running for the Blue Ridge City Council Post 1. I have been a resident and store owner in the City of Blue Ridge for over 25 years. My mission is to give the people of Blue Ridge their voice again. If elected, I will focus on spending the city’s dollars wisely. I will prioritize spending, focusing first on our infrastructure. Without the proper plumbing under the city we will continue to have problems such as flooding in the downtown streets, stores and residences.
It’s been evident that there are members of the current City Council that do not listen to what their constituents (the city residents and shop owners) have to say. I will help to change that by LISTENING to the people of Blue Ridge making sure their voices are heard when it comes to the matters of moving our city into the future. We must have a solid plan that works for our city and moves it toward the bright future it can have.
I hope you’ll join me in my effort by giving me your vote. We must be preparing for the future, while embracing our past and uniting Blue Ridge again. Thank you.
BKP reacts to the latest breaking news on the selectivity of the investigations regarding residency requirements in Blue Ridge. To read our official report on this breaking story click here.
There is a letter to Barbie Gerald from Frank Moore, who represents Cindy Trimble. The letter suggests that Mr. C David Stuart may not be qualified to run for BR City Council, his place of residence is not the commercial body shop he owns. Also mentioned in the letter, N Brendan Doyle, owner of The Boro Pub. Doyle stated under oath that his residence is 150 W Main St., which is the Boro Pub.
Moore attached pictures of the properties and tax records of the zoning. There is only a certain amount of time to challenge it. However, recent precedent suggests Barbie Gerald must investigate.
Obviously there was some picking and choosing going on. Who talked these people into running? Maybe it was Johnny Searcy or Angie Arp? After all, Angie Arp does own the land surrounding The Boro. She was seen on multiple occasions going in and out of The Boro. Maybe she was the one who convinced him to run?
It seems to me that one candidate stood out. One candidate that didn’t fit the mold that Angie Arp, Barbie Gerald, and others wanted.
But there is a proof, for a fact, that people were ordered to sit outside Jane Whaley’s apartment to take pictures all day. To see if there are lights on at night. To see if there are people in and out during the day.
A judge will be the one to decide whether or not Jane Whaley can run for office. Yet, there are still many questions to ask of Ms. Gerald.
Why wasn’t the residence of Brendan Doyle investigated?
Why wasn’t the residence of David Stuart investigated?
Who put pressure on Barbie Gerald to investigate Jane Whaley?
Only time will tell…
BLUE RIDGE, GA – A recent decision by Election Superintendent Barbie Gerald resulted in the disqualification of City Council Post One Candidate Jane Whaley. Now two other candidates, David Stuart and Brendan Doyle, are being challenged as to the legitimacy of their residency.
Whaley, along with several of her supporters, attended an all day hearing on September 25, 2017 to argue her residential status.
City Attorney David Syfan argued that Whaley’s lack of physical presence at her apartment on East Main Street was case enough to dismiss her from the election.
Whaley’s attorney Frank Moore stated that her intent to move in was enough to claim residence, and that she had only been prevented from the physical move by circumstances beyond her control.
Gerald ultimately came to the decision that Whaley did not meet the qualifications to continue to run for City Council Post One. In a letter sent to Whaley, Gerald stated, “since I have determined that Mrs. Whaley is not qualified, in my position as Election Superintendent, I shall withhold Mrs. Whaley’s name as a candidate upon the ballot, or strike her name from the ballot if the ballots have been printed.”
It went on, “If there is insufficient time to strike her name or reprint the ballots, I will post a prominent notice at the City polling place advising voters that Mrs. Whaley is disqualified as a candidate and all votes cast for her shall be void and shall not be counted.”
In response, Whaley stated, “I believe I am a legitimate candidate, and I am going to appeal this decision.”
Frank Moore sent a letter late last week asking for a stay of Gerald’s decision. He stated that Whaley’s name should be included on the ballot until a decision has been reached in her appeal.
The letter states that Whaley “will be permanently and irreparably harmed if the Court does not grant a stay of the Determination because she will be unable, prior to the printing of the ballots and the conducting of the election to challenge successfully the erroneous Determination.”
Moore also sent a formal letter, with regards to a complaint filed by another city resident, to Election Superintendent Barbie Gerald requesting the investigation of residency for two additional candidates in the Blue Ridge City Council Election.
The letter brings into question the residency of City Council Post Five Candidate David Stuart. Stuart listed his address as a property that is currently zoned C-2. Properties that are commercially zoned C-2, can only have residential units above the first floor.
It also brings into question the residency of Candidate for Blue Ridge City Mayor Brendan Doyle. The complaint against Doyle states that an urban dwelling living space within the Central Business District must average 1,000 square feet in area per building.
The letter states that both of these candidates fail to meet these standards.
It asks for an investigation and if the claims are proven to be correct asks for the removal of both candidates from the ballot for the 2017 Election for City Council.
The Blue Ridge City Council extravaganza took a funny turn this weekend with a misspelled sign going up on behalf of Angelena Powell. Also, the REAL STORY behind why Jane Whaley was halted from running for city council. (Time Code Listed in Description)
- ANGELENA POWELL SIGN 0:00 – Her sign was misspelled “Councel” instead of “Council.” It was the talk of social media this weekend. Arp, Powell, Doyle is reminiscent of Schizophrenic Jeopardy on MadTV.
- JANE WHALEY 12:00 – Sources tell BKP: Angelena Powell does not live in the city limits either. There were several people in the community who did not want Jane Whaley to move in by a certain date. “We need to stop every candidate in their tracks.” Suddenly, it was “discovered” the back porch did not meet the proper code, it stuck out a couple feet too far. Therefore, she was unable to move in. Nothing was said about the violation until much later. A stop work order was issued later on. The zoning board disqualified the residence. They were then ordered to build a wall to chew up more time. It was a gameplan to disqualify Whaley
- BKP’s Opinion: They shut her down knowing she might run for city council. They blocked the construction of her apartment to keep her from running. There is an organized effort going on, from the City Council down to the Zoning Commission. “The City has to realize that the pipes going through here is going to pile up crap. You can’t keep building until you fix the pipes.” Stop work order was put in place.