A dispute about whether the Archdiocese should be able to build a new rectory in a Buckhead neighborhood for the Cathedral of Christ the King. The Archdiocese apparently plans to build a 2,987-square-foot addition to an already existing home of 5,000 square feet. Construction on the property began at the beginning of June after a building permit was issued. Subsequently, two local attorneys filed an appeal asking for an injunction to end the work on the basis that the church failed to follow city zoning ordinances in its permit application.
The specific issue in the case was whether or not the extension qualified as a home. According to the attorneys who filed the suit and those who supported them, the church was not a home but an extension of the church and so required special-use permits. The church, for its part, argued that the extension was legally a single-family home and that therefore up to six unrelated people could live together in the building under the zoning code. A decision in favor of the church was ultimately issued at the end of July.
In this case, news sources don’t provide any of the details behind the despite, such as the underlying motivations for the legal action, but it would not be surprising if there were other factors at play in the case. That is often how it goes—legal arguments are often only the tip of the iceberg in terms of the totality of the dispute involved in any case.
Developers, builders, and business who work on projects routinely run into situations where they have to deal with individuals and groups, even entire neighborhoods, opposing a project. In some cases, the opposition is rooted in environmental concerns. Working with an experienced attorney on these cases can help developers and businesses understand their legal rights and obligations and make an informed decision about the project on that basis.
Source: Northside Neighbor, “Zoning board sides with Buckhead church on rectory,” Everett Catts, August 14, 2014.