Adjacent property owners to land where the new Braves Stadium is to be built have filed suit against the Cobb Board of Commissioners, asking for the zoning change to be invalidated. Ricky Leroux of the Marietta Daily Journal reports:
The suit alleges the rezoning application for the property was “purely speculative” and “had none of the normal specificity required by the Zoning Ordinance,” and as a result, the general public was denied its due process rights because it did not have complete information.
Doug Haynie, attorney for the city of Marietta, Daniel White, Haynie’s partner at Marietta-based Haynie, Litchfield, Crane & White, and George Butler II, a real estate lawyer based in Dahlonega, brought the suit on behalf of Fairly Breezy LLC.
The company owns a 1.9-acre property at 2550 Heritage Court containing a multi-story, 25,000-square-foot building, a property which is adjacent to the 74.77-acre parcel the Braves plan to use for a new $672 million stadium and a $400 million mixed-use development.
According to the complaint, the plaintiff wants the zoning decision allowing the stadium and development to be invalidated; it also wants all court costs to be paid by the defendants.
I’ve written off most of the lawsuits attempting to stop the stadium construction as less than strategic wishful thinking, but in this case, the MDJ adds this kicker:
“The first thing that absolutely leaps off of the page is that the plaintiff is represented by Doug Haynie and Dan White,” Cauthorn said. “Doug Haynie has been the city attorney for the city of Marietta for 30 years, and … Daniel White, Judge White’s son, is his partner. And Dan White and Doug are serious-minded people.
“I’ve never known either one of them to undertake anything, as far as filing any kind of legal proceeding, where they didn’t believe that there was a meritorious claim or a meritorious defense,” he added.
Might need to watch this one, but it looks like some of the neighboring property owners are potentially in a position for….consideration.