This is the formal complaint Della Gladieux submitted to the Berrien County Commission at the meeting on November 4, 2025.

Formal Complaint… Regarding Rezoning … Bradford Road –Della Gladieux to Berrien County Commission 2025-11-04

Della Gladieux
1595 Bradford Road
Ray City, GA 31645
dellalynn1019@gmail.com
(229) 561-2436

Tuesday, November 4, 2025

Berrien County Board of Commissioners
John Nugent, Post 1
Ronnie Gaskins, Post 2
Jimmy Parker, Post 3
Kylon Fort, Post 4
Pixie Harrod, Post 5
Brenda Ferrell, County/Clerk/Administrator
Jennifer Herzog, County Attorney
201 N. Davis Street, Room
Nashville, GA 31639

Re: Formal Complaint and Demand for Investigation Regarding Rezoning of Property at Old Valdosta Highway and Bradford Road, Parcel ID #M&P 061-14-000

Dear Parties Listed Above,

This letter serves as a formal complaint regarding the rezoning of property located at Old Valdosta Highway and Bradford Road (parcel: 061-14-000), which was changed from an agricultural use to a residential use on October 15, 2025. This action is invalid due to significant procedural and ethical violations of Georgia law.

The specific grounds for this complaint are as follows:

I. Violation of the Georgia Zoning Procedures Law (O.C.G.A. § 36-66-4 et seq.) – Improper Public Notice

The rezoning action failed to comply with the mandatory public notification requirements of the Georgia Zoning Procedures Law (ZPL) and local ordinances.

• Lack of Proper Signage: The ZPL requires that a sign containing the time, place, and purpose of the public hearing be placed in a conspicuous location on the property not less than 15 days prior to the hearing.
• Observation of Non-Compliance: To the best of my knowledge and observation on a daily basis, living directly across from the property, a public notice sign was never erected; which can be verified by other neighboring property owners. The public notice signs have included parcel 061-14000 since the beginning of July. The public notice signs have been posted at both parcels (061-14-000 and 061-16-002) since the beginning of July.
• Deprivation of Due Process: This failure to provide adequate notice deprived me and other affected citizens of our right to be informed and participate in the public hearing process.

II. Conflict of Interest and Abuse of Office (O.C.G.A. § 36-67A-1 et seq.)

There is a clear and direct conflict of interest involving the former Berrien County Planning Commission Chairman David Shephard and Farmers and Merchant Bank President, which renders the decision voidable.

• Specific Conflict: The Planning Commission Chairman, David Shepard, also serves as the President of Farmers and Merchant Bank, the financial institution that foreclosed on the subject property. This provides the Chairman with a direct financial interest in the property's outcome, as the bank would benefit from the increased value associated with residential zoning.
• Legal Requirement for Disclosure and Disqualification: Under the Georgia Conflict of Interest in Zoning Act (O.C.G.A. § 36-67A-1 et seq.), a local government official who has a property interest or a financial interest in a business entity with a property interest in the rezoning action must immediately disclose the nature and extent of the interest in writing and disqualify themselves from voting.
• Failure to Disclose and Disqualify: I have no record or knowledge of David Shephard making this required public disclosure or recusing himself from the discussion and vote on this rezoning application. His participation taints the entire process and invalidates the zoning action taken.

Demands

I demand an immediate investigation into these serious violations. Based on the procedural and ethical breaches outlined above, I formally request the following actions:

1. Declare the rezoning decision null and void due to the failure of proper public notice and the conflicted participation of a decision-maker.
2. Initiate a proper, transparent rezoning process if the applicant wishes to pursue the change again, ensuring full compliance with all ZPL notice requirements and ethical standards.

I have a substantial interest in this matter and (with my mother owning property and I living adjacent to the property) stand to suffer specific damages, including decreased property value and increased taxes, environmental impacts, increased pollution and traffic, among a multitude of issues.

Please provide a written response within 3 business days detailing the steps your office will take to investigate and remedy this situation.

Sincerely,

Della Gladieux

Della Gladieux

Enclosure(s):

Photos and documents of evidence are attached.

image24

image6

image2

image4

image27

image20

image14

image3

image5

image26

image22

image15

image17

image16

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

You can help with clean, swimmable, fishable, drinkable, water in the 10,000-square-mile Suwannee River Basin in Florida and Georgia by becoming a WWALS member today!
https://wwals.net/donations/

Short Link: