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Attorney denies conflict in Magnolia Trace deal

Posted: January 17, 2012 - 9:10pm  |  Updated: January 18, 2012 - 4:35pm
Columbia County Attorney Doug Batchelor  File/Staff
File/Staff
Columbia County Attorney Doug Batchelor

Twitter @ColumbiaCounty

Columbia County’s attorney Tuesday confirmed that he had been paid to work as the closing attorney on a Martinez land deal on which an “affordable housing” development is under construction, but denied there was any conflict of interest.

In a brief interview following Tuesday’s Columbia County Commission meeting, County Attorney Doug Batchelor said he worked as the closing attorney for Affordable Equity Partners, the purchasers of the Magnolia Trace property, during the closing of their purchase of the Martinez land this past fall.

“I had nothing to do with the contract,” Batchelor said, “I just administered the closing.”

The contract for the purchase had already been worked out prior to his involvement, he said.

Batchelor said he previously had assisted the company “about two years ago” on the purchase of a tract of land in McDuffie County, and said he assumed that’s why the Missouri company contacted him again for another purchase in the area.

He responded “absolutely not” when asked if there was any conflict between working for the county as its attorney and for the developer of the controversial project.

“We were just closing a piece of real estate, which we do each day,” Batchelor said.

Batchelor said he couldn’t recall if he disclosed his previous work for the company, on the McDuffie deal, when he asked Commission Chairman Ron Cross and District 2 Commissioner Trey Allen to meet in his office with an AEP representative to hear a pitch in June 2010 on the “affordable housing” development.

The closing of that land deal occured more than a year later, in September 2011.

“I don’t know when I could have had a conflict,” Batchelor said.

County Administrator Scott Johnson said a check of the county’s records shows Batchelor did not bill the county for the meeting between Cross, Allen and AEP, and thus was not serving on the county’s behalf during that meeting.

The revelation that Batchelor also has worked for AEP comes about five weeks after county commissioners voted to hire an outside attorney to seek a means to “interrupt” construction of the 15-acre development featuring 50 single-family rental homes. Later, Savannah lawyer Patrick T. O’Connor wrote to officials that they had no legal recourse to stop the project.

Cross, during Tuesday’s commission meeting, announced those findings and said “as far as our action, this is the end of it.”

In June 2010, after Cross and Allen met with AEP representives, commissioners approved a resolution favoring “affordable housing.” The company then sent that resolution as part of an application to the state Department of Community Affairs seeking tax credits from the DCA to build low-cost rental homes.

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Little Lamb

Meeting

The most interesting statement in the story above is this:

County Administrator Scott Johnson said a check of the county’s records shows Batchelor did not bill the county for the meeting between Cross, Allen and AEP, and thus was not serving on the county’s behalf during that meeting.

You would likely conclude that if Batchelor did not bill the county, then he did bill AEP. So he was representing AEP in this exploratory meeting to see if the county government was going to be hostile or welcoming toward the proposal to bring this new type of subsidized housing to Martinez.

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