Stack & Associates, P.C.
Contact Our Office Environmental and Land Use Law

Local zoning dispute leads to appeal

Previously, we began looking at the topic of zoning, and specifically why it is important to work with an experienced attorney in navigating zoning matters. One good reason is that, as we mentioned last time, administration of zoning laws in Atlanta is handled by several different groups. Navigating the process is not necessarily an easy matter, particularly when one faces opposition in zoning matters.

In some cases, it may be necessary to file a lawsuit to seek relief in zoning matters, or to appeal a zoning decision. This is what a developer in the Atlanta area has recently done in response to the City of Brookhaven’s repeated denial of a proposed zoning change. The city has reportedly been working to decrease density for some time, and is doing so by denying requests for rezoning. 

The local developer has responded to the denials in its case by filing an appeal with the DeKalb County Superior Court to reconsider its proposed mixed-use development. The developer is arguing that under current zoning rules, it is unduly encumbered in moving forward with its proposal, and that the denial is unconstitutional.

 Challenging zoning decisions, whether on a procedural, substantive or constitutional basis, requires knowledge not only of the zoning ordinance and related laws, but also of the administrative process through which applications are filed, hearings are held, and decisions are appealed. An experienced advocate is indispensible in such matters and can help ensure that one has guidance and advocacy in every aspect of zoning-related matters.


Curbed Atlanta, “Lawsuit follows Brookhaven development denials,” Michael Kahn, Aug. 29, 2016.

Reporter Newspapers, “UPDATE: Dresden Drive property owner sues city of Brookhaven after mixed-use development denied,” Dyana Bagby, Aug. 25, 2016. 

No Comments

Leave a comment
Comment Information

Contact Our Firm

In the legal profession as in other fields, past accomplishments are often the best indicators of future success. Our representative cases bear witness to our law firm's ability to represent clients against even the most formidable adversaries, including government bodies and giant corporations, in both individual and class action claims.

Email Us For A Response

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Our Office Locations

260 Peachtree Street N.W.
Suite 1200
Atlanta, GA 30303

Phone: 404-692-7504
Fax: 404.522.0275
Map & Directions

23 Delegal Rd
Savannah, GA 31411

Phone: 404-692-7504
Phone: 912.232.0567
Fax: 404.522.0275