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Local zoning dispute leads to appeal

| Sep 13, 2016 | Land Use & Zoning |

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.

Sources:

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.

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