Tuesday, November 16, 2010
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ALBANY, Ga. -- A Dougherty Superior Court judge has ruled in favor of an Albany developer, saying that the city's attempts to "protect" a tract of land for industrial use was unconstitutional.
According to the order filed Nov. 10 by Superior Court Judge Stephen Goss, the city failed to prove that the commission's refusal to rezone 18.02 acres owned by Coley Musgrove L.L.C. from the "Heavy Industrial" classification, or M-2, to "Residential," or R-1, was "substantially related to the public health, safety, morality and welfare."
In his order, Goss writes that "the city's attempt to 'protect' a heavy industrial area which has remained undeveloped for over 28 years is not reasonably related to the public interest and poses a significant detriment to the Plaintiff (Coley Musgrove)."
Tuesday, the commission agreed to meet in closed-door session following its work session agenda to discuss pending litigation. When asked by The Albany Herald to state for the record why they were going into executive session, City Attorney Nathan Davis stood up and said that it was to discuss a recent court decision involving Coley Musgrove L.L.C. and what options were left before the commissioners.
The commission resumed the public meeting before declaring it had taken no formal action and adjourning for the day.
The commission has 30 days to file a notice of appeal and 60 days from the date of the order to rezone the property so developers can move forward with building a residential subdivision.