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The City of Atlanta's appeal of the TAP Associated court decision was argued on November 14, 2000 in the Georgia Supreme Court. NBCA filed a "friend of the court" brief to bolster the City's arguments. NBCA's brief was joined by 26 other neighborhood associations from around the state. The issue being appealed is the City's long-term designation of a dividing line between mixed-use areas south of Phipps Blvd. and Lenox Rd. and purely residential areas north of that line. On a deeper level, the issue is whether counties and cities in Georgia will plan land use or whether it will be done in court, tract by tract.
In a November 1999 case a Fulton County Su
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perior Court judge ordered the City to rezone the property at the corner of Phipps Blvd and Lenox Rd, backing up to the cul-de-sac on North Stratford so the development could include commercial (such as a hotel, offices, shops and a restaurant) as well as very high density residential uses. The property is currently zoned purely residential. The argument that swayed the judge was that the developer could make more money with a mixed-use plan than with a purely residential plan. The City's dividing line had been reviewed and validated in several studies prepared by respected land-use experts. Hopefully the City and NBCA will prevail so aggressive commercial developers do not gradually gobble up our neighborhood.
Current news about this case is available on our web site at www.nbca.org.
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