JOHNS CREEK, Ga. – The 11th Circuit Court has decided to hear oral arguments in the longstanding case between John Cornetta's Love Shack store and Fulton County, after the shop recently filed an appeal in the case. The decision comes after the newly-incorporated city of Johns Creek denied Cornetta's business license application for The Love Shack.
“They denied our injunction, but the judge did not give Fulton County the lock and key to completely shut the door on this case, so to speak,” attorney Cary Wiggins — who is representing Cornetta in the case, along with Louis Sirkin — told AVN. “We were denied, but we had the opportunity to appeal.”
According to Cornetta, the court could have made a number of decisions on The Love Shack’s appeal. “The court could have decided not to hear it at all, decided that they would read all pleadings and make a decision, or read all of the pleadings after being briefed by the parties during oral arguments.
“The reason that is the best [decision for us is] because it means that they have decided to hear the case. They wanted more then just the written pleadings and at the very least they think there is a case in controversy,” continued Cornetta. “It doesn't mean they are on our side or Fulton County’s, it just means they are interested and want to know more.”
Oral arguments in the case are set for Nov. 14.
According to Wiggins, only 25 percent of cases are chosen for oral arguments, so he sees the judge’s decision as a positive development in the case.
“This case deals with questions of law and not questions of fact,” explained Wiggins. “In the case of questions of fact, an appeal will fall flat because the judge doesn’t want to turn around and disagree with a jury decision. With questions of law, you leave it up to the predilections of a judge…there are no definite answers.”
The town of Johns Creek has now filed its own lawsuit against The Love Shack in state court.
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