Johns Creek should have allowed Love Shack sign, judge says

In a blow to the city of Johns Creek, a Fulton County Superior Court judge ruled the city improperly denied a sign to the owner of an adult video store.

The ruling, released Monday, could open the door for the owner, John Cornetta, to seek $1.7 million he claims he lost in revenue from not having a sign for the Love Shack.

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Bob Andres/bandres@ajc.com

John Cornetta

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“It’s like Best Buy,” said Cornetta’s lawyer, Cary Wiggins in an earlier interview. “Without the yellow sign, it’s just another big box.”

Cornetta said the city’s unwillingness to give him a sign ran him out of business. The Love Shack in Johns Creek closed in October, almost two years after it opened.

“I want to get paid for my aggravation,” Cornetta said. “I have no pity for the government of Johns Creek. For the people, I feel real bad.”

City Attorney Bill Riley said he doesn’t see how Cornetta could sue for damages.

“How can he have any income when he has an illegal business?” Riley said.

Riley said the city has not decided whether to appeal.

“It’s all a matter of procedure, not the merits of the case,” Riley said.

In written denial to Cornetta on Aug. 3, 2007, the city said he couldn’t have a sign because he didn’t have a business license. But Glanville’s written ruling observed that city regulations don’t require a sign applicant to have a business license.

The city then tried to argue that the Love Shack wasn’t in compliance with the zoning code, that it was operating illegally, and that it violated other provisions of the sign ordinance. Glanville said the city’s other arguments weren’t spelled out in the ordinance either, nor were they mentioned in the rejection letter sent to Cornetta.