Friday, November 7, 2003
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Friday, November 7, 2003 |
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Target suit should move fast, attorney says By J. FRANK LYNCH The attorney for the Peachtree City Council predicts fairly swift action on a lawsuit filed against the city by Faison Enterprises seeking a to establish the developers rights to build a 260,000-square-foot addition at Kedron Village in the north end of town. Ted Meeker said it was in the best interest of both the city and the developer to reach a conclusion to the issue as rapidly as possible. The suit was filed in Fayette County Superior Court Oct. 31. No hearing dates have been set. At issue is a 125,000-square-foot Target store and more than 100,000 square feet of smaller retail chains that may or may not be in violation of the city’s ordinance against allowing any new “big box” retailers, passed in 2000. Faison is asking the court to decide in its favor on one of three points: •ÊThat Faison has a vested right to develop the property using the Regents Park-Georgian Park access road. •ÊThat Peachtree Citys big box ordinance does not apply to the Target store proposed for the Kedron Village expansion because Target will own the building and the ordinance specifically refers to retail leases •ÊThat the plaintiffs have the vested right to develop the property under the city’s General-Commercial zoning category despite the big box ordinance because the zoning and tentative future use of the property had already been approved by the city prior to the ordinance. “There’s very little factual dispute here,” said Meeker. “The legal signficance has already been established. It’s appropriate that the case be moved along at a quick pace, but ultimately it’s up to the judge.” In a legal opinion requested by City Manager Bernard McMullen last month, Meeker wrote that while Faison has vested rights to develop the property to some degree, the size of the proposed project is way beyond anything approved up to now. That’s the exact argument homeowners nearest the proposed development have been trying to make for weeks, but to little avail. Tim Wedemyer, spokesman for his neighborhood, is relieved that Faison’s action isn’t a threat to the ordinance itself, but rather a request to clarify Target’s exemption status. “Our position now is that the city has laws on the books and it’s up to government to uphold those laws when passed,” said Wedemyer. “We view this as a very important piece of legislation that the city should fight to uphold. There are thousands of citizens in the northern end of Peachtree City who expect the city to defend all its laws, and especially this one, with as much vigor and enthusiasm as can be mustered.” Wedemyer cited Meeker’s legal brief to City Manager McMullen as support for their cause, as well as a memo from Police Chief James Murray expressing his sentiment that the center would increase traffic counts in the residential neighborhoods and affect the crime rate.
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