GWINNETT COUNTY, Ga. — A Gwinnett County judge threw out subpoenas this month after a developer demanded private text messages and social media posts from six Gwinnett residents who opposed a housing project.
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Burns Golf Course and Parkland Communities wanted to build more than 200 houses on part of Heritage Golf Links in unincorporated Tucker.
Gwinnett County commissioners unanimously rejected the plan last year.
The developers then sued the county and late subpoenaed six residents who were part of an effort to deny the project, demanding their private text messages, social media posts and three months of phone logs.
“I didn’t think that it was right,” said Jeffrey Cleveland, one of the residents subpoenaed. “Instead of sitting down with us, there’s a lawsuit.”
Cleveland said he was shocked to learn he needed to hire an attorney for the issue and felt he was being singled out for participating in public meetings.
“I’ve not seen a developer turn around and start to depose citizens merely because they stood their ground,” Cleveland said.
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Court documents show the developers believed the county’s denial was arbitrary and they wanted communications between residents and county officials about the rezoning.
Channel 2 Action News reached out to Parkland’s CEO, who referred us to the company’s attorneys, but we have not yet received a response.
State Rep. Marvin Lim (D-Norcross), who is also an attorney, represented all six residents pro bono. He argued the subpoenas violated their First Amendment rights to speak out on public issues.
“The judge’s ruling was absolutely correct. It was ultimately about the First Amendment,” Lim said.
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Gwinnett County Superior Court Judge Robert D. Walker agreed earlier this month and quashed the subpoenas, calling them “unreasonable and oppressive.”
Walker’s order specifically protected residents from “chilling” effects on their First Amendment rights of speech, petition, assembly and press.
The lawsuit between the developers and Gwinnett County over the denied rezoning remains pending.
Cleveland said his community expects homes will eventually be built on the golf course property, but he hopes for a different approach next time.
“There’s some healing that needs to take place,” he said.
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