ATLANTA — Channel 2 Action News has learned DeKalb County's attorney is declaring a zoning change for a new entertainment venue with up to 425 gaming machines invalid.
Commissioners asked for the opinion after a Channel 2 Action News investigation revealed questions about the project, including a secret land deal with an Indian tribe months before it was approved.
The Panola Slope project sits along Covington Highway in District 5, and promises an adult entertainment bar-arcade concept, restaurants and a luxury resort.
The zoning change, approved by commissioners in December, also allowed up to 425 electronic gambling machines at the location.
Currently the highest number of gambling machines allowed anywhere in Georgia is 14, at a convenience store in Henry County.
"It does set a precedent and, so yeah, that does concern me," DeKalb CEO Lee May told Channel 2 investigative reporter Jodie Fleischer.
The new Panola Slope is owned by a company called Red Alligator, incorporated under the Tunica-Biloxi Tribe, which runs an actual casino in Marksville, Louisiana.
The DeKalb County attorney's opinion cites a technicality called ward courtesy in undoing the zoning.
County rules say, "No planning or zoning ordinance shall become law unless approved by the member of the Commission representing the district in which the subject property is located, or by one of the members of the Commission elected from the county at large."
That did not happen in this case because the project sits in Districts 5, a seat that's been empty since Lee May left it to take the CEO's job in 2013.
He blames internal political squabbling among commissioners for them failing to approve a replacement.
>>> WATCH: Governor reacts to Channel 2 investigation of DeKalb project
At-large Commissioner Stan Watson did not vote for the project because he is on the payroll of APD Solutions, its developer, and was therefore forced to recuse himself.
In her opinion, County Attorney O. V. Brantley wrote, "It appears that the December 16 vote regarding the subject zoning was invalid for its failure to comply with the county's organizational act."
Fleischer asked May if the county attorney's decision is an effort to walk the project back and take a closer look at it.
"I follow the rule of law. If our county attorney says that is an appropriate way to do it, I follow them," May said.
>>> WATCH: DeKalb CEO reacts to proposed project
Brantley recommended the Board of Commissioners take formal action recognizing the invalidity of the vote, wait for a District 5 commissioner to be appointed, or take no action and possibly be subject to legal action later.
"Certainly I'll know more about this project when we look at it again and have some different questions if we get another bite at this apple," said Commissioner Jeff Rader. "We'll have to look at it again because until that land is validly rezoned the proposed uses are not permissible on the site."
Channel 2 Action News contacted a spokesman for APD Solutions for reaction to the county attorney's opinion, but has not yet received a response.
WSBTV
