Home > News > John Cornetta Wins Suit in Battle Over Love Shack Sign • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

John Cornetta Wins Suit in Battle Over Love Shack Sign

Adult retailer plans to sue city for at least $1.7 million in damages
John Cornetta Wins Suit in Battle Over Love Shack Sign
Get XBIZ News
Mar 30, 2009 6:00 PM PDT    Text size: 
JOHNS CREEK, Ga. — The ongoing saga of the Love Shack is nearing its close after owner John Cornetta’s victory in court March 24. The superior court of Fulton County has sided with Cornetta and determined that the city illegally blocked him from putting up signage that resulted in the store’s closure.

Cornetta is now free to sue the city for damages and lost revenue, which starts at $1.7 million plus attorney’s fees.

“Here, when [John’s Creek] denied [Love Shack’s] applications, it reasoned that it was ‘not appropriate’ to issue the permits because [Love Shack] was denied a business license,” Judge Ural D. Glanville wrote in his summary judgment. “However, because the ordinance does not require that an applicant possess a business license to obtain a sign or banner permit, this was not a permissible basis upon which to deny the applications.”

Cornetta’s near three-year ordeal with John’s Creek began when the city denied his store’s business license after claiming it was an adult store situated in an area that’s not zoned for adult businesses. After shuffling its inventory, the store was subsequently denied a business license and a permit to erect a sign.

"For two years we sat there without a sign," Cornetta told XBIZ. "We had a little 'Open' sign in the window. We had a little banner up and we got 43 misdemeanor charges. Every day they stopped and gave us another misdemeanor charge.”

Without a proper sign that could be viewed by the public, the Love Shack was forced to close last October and Cornetta claims he lost $1.7 million in profits from the closure, which he had verified by forensic accountants. The judge sided with Cornetta and agreed that the city and Mayor Mike Bodker had illegally caused the business to fail, which leaves them on the hook for damages.

In the letter to Bodker, Cornetta’s attorney Cary S. Wiggins wrote, “I am using October 16, 2007 as the beginning injury date. (I say ‘beginning’ because the injury is, or injuries are, continuing.) This is the date when the city’s decision to deny Love Shack’s applications became ‘final.’ The extent of the injury is pervasive and centers on lost profits. If, as Love Shack contends, the city’s motive in denying the permit applications was to make it difficult for patrons to find the store, a considerable amount of lost profits is foreseeable damage.”

“Unfortunately we wound up having to close; I spent a fortune,” Cornetta said. “Finally I got justice. They almost put me under, but justice has now been served.”

The next and final step is for the court to determine the monetary extent of the damages awarded to Cornetta. That hearing takes place late next month.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

OPINIONS & VIEWS

How Advertisers Use Your Devices to Sell You Stuff

The paranoia has reached an all-time high. Now some people actually believe that their microwave ovens are spying on them — despite the fact they don’t have any listening devices or cameras.... More »

As Mobile Grows, So Does Need to Push Sales

The number of consumers browsing and buying online will reach 270 million by 2020, driven largely by activity on mobile devices, according to Forrester. Business is booming and the fact that most purchases... More »

With AI, Routine Tasks Start Fading Away

I just turned 42. The list of things I may never do again is growing fast. I no longer dream that I will become an Olympian in any sport except archery or horseback riding. The oldest Olympians in those... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.

UPCOMING EVENTS

XBIZ.net Paysite Meetup

May 04 - May 04
Prague, Czech Republic

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!