Sunday, August 26, 2001

Fayetteville sued for spurning apartment rezoning request

By JOHN MUNFORD
jmunford@TheCitizenNews.com

The city of Fayetteville is being sued for denying a rezoning for a 40-unit apartment complex off Ga. Highway 54 East near Cobblestone Parkway.

Parkway Fayette, L.P. claims in the suit that the city is violating the Georgia Fair Housing Act by denying the requested rezoning of the property. The suit was filed last week, but the city has not had time to respond to the court document.

The 4.62 acre site in question is zoned for Highway Commercial but the company wants a multi-family zoning for the complex. The City Council voted to deny the rezoning at its July 19 meeting after a public hearing.

The suit also claims that Mayor Kenneth Steele interrupted the company's presentation at that hearing which kept it from making a complete presentation. The company was also denied an opportunity to rebut claims made by persons opposing the project, the suit claims.

Parkway Fayette is asking the court for a number of remedies, including an order to force Fayetteville to rezone the property to a constitutional designation within 60 days. The company is also asking for the city to adopt programs which encourage the development of multi-family rental units until the city's percentage of those units is at least equal to Atlanta's regional average.



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