Wednesday, November 1, 2000

By JOHN MUNFORD
jmunford@TheCitizenNews.com

The Fayette County Board of Commissioners is being sued over its decision to deny a rezoning for a 77-acre subdivision on Spear Road that would have 23 single-family homes on three-acre lots.

Spear Road LLC filed the suit Friday to appeal the commission's denial of the rezoning, which was handed down at its regular meeting Sept. 28. The company is asking the court to force the commission to adopt its proposed amendment to the county zoning map, which would change the property's zoning from A-R to R-85.

The court also is being asked to declare several key county zoning documents unconstitutional, including the land use plan, the zoning ordinance and the comprehensive growth management plan.

When the rezoning request was denied, commissioners claimed adopting it would amount to spot zoning. A number of homeowners on Spear Road also attended the meeting to protest on grounds that the subdivision could harm the nearby environment, particularly a pond and swamp area.

Newnan attorney Sara Evans, who represented local developer Mukut Gupta at the meeting, said the proposed development was consistent with the county's land use plan, would not cause a serious impact on roads, utilities and schools, and would provide a transitional property to nearby residential developments.

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