Wow.

Read through Athens-Clarke County's Appellee Brief, and you'll see just how ridiculous this whole noise ordinance case is. Not only did the principal argument against the noise ordinance repeatedly change throughout the process, but it's glaringly obvious that this whole thing is nothing more than an attempt for Chuck Jones - local blog-baiter, resident agitator and failed conservative activist - to act out a personal agenda he has against Athens-Clarke County District Five Commissioner David Lynn.

Jones, who is the lawyer representing the two plaintiffs, attempted to depose Lynn last March. Athens-Clarke County attorney Bill Berryman objected and argued that Lynn was not subject to the deposition, and that Jones should serve a notice of deposition and the Appellee (Athens-Clarke County) would respond accordingly.

Jones skipped that process and on March 12 served Lynn with a supoena.

What resulted was a prolonged battle prior to the original trial court hearing over whether or not Lynn would testify (ultimately, in dismissing the case, Lynn was spared the deposition). The resulting appeal, then, reveals a series of twists and turns as Jones angled to get his chance to question Lynn.

Jones told the Georgia Supreme Court in his Appellants' Brief that his reasons to depose Lynn were not motivated by some personal agenda, such as a desire to see if and how Lynn was using the existing ordinance to futher his own ends. In fact, the brief points out that 'counsel never stated that this was the only reason, or even a reason, that he sought the deposition.'

However, in the Appellee Brief, Berryman points out that Jones was actually attempting to do just that by noting the following exchange between the two counsels ...

I'm sorry for the confusion regarding Mr. Lynn's deposition - I should have been more clear on my intention there. I don't want to ask him about his legislative intent or his reasons for adopting the Noise Ordinance. He's only one Commissioner so his particular intent isn't terribly relevant and it's surely inadmissible, as your case points out. I'm concerned about some ways that he has personally used the Noise Ordinance in ways I see as inappropriate.

Berryman goes on to argue that Jones revealed his true intention via that exchange, and that the fight for Lynn's deposition was nothing more than a way to embarass or attack the commissioner.

Recall that Jones would frequently post on various blogs in Athens-Clarke County testifying to his disagreements and dislike of Lynn, bragged about how he could anger the commissioner and deliberately misled the community to serve his own ends.