Represented local business owners seeking a special exception from the City of Atlanta zoning ordinance to reduce the required on-site parking spaces. We were able to alleviate the concerns of the neighborhood and Neighborhood Planning Unit by working with adjacent property owners, as well as encouraging alternative transportation options. The Zoning Board’s unanimous vote in favor of the variance protects the business owners from the ever changing nature of the neighborhood and provides finality with regard to the parking affecting their property.
Represented a homeowner in his effort to obtain a set-back variance from the City of Atlanta for his Morningside home. The Zoning Board’s 4-0 vote in favor of the variance allows the homeowner to construct his new home on an unusually-sized corner lot, despite opposition from the neighborhood association and the Neighborhood Planning Unit.
Obtained an award of attorney’s fees and costs in the amount of $45,000 for client forced to defend suit. After prevailing on all counts at summary judgment, Bloom Sugarman moved on the client’s behalf for an award of fees and costs under Georgia’s frivolous litigation statute. Plaintiffs argued that their claims were substantially justified and supported by justiciable issues of facts. In the alternative, Plaintiffs argued that they relied upon a novel position supported by existing law. After briefing and hearings on both the merits of the motion and the reasonableness of fees, Judge Vinson agreed with Bloom Sugarman and awarded our client more than half of the attorneys’ fees incurred in the case.
Successfully obtained summary judgment in client’s favor in a suit by a neighboring landowner seeking to enforce a restrictive covenant. The neighbor—who had not been an original party to the restrictive covenant at issue—sought to enforce an interpretation of the covenant that would have substantially impacted the value of multiple lots in client’s residential development. The Court agreed with Bloom Sugarman’s arguments showing why the neighbor’s interpretation was incorrect as a matter of law under the recorded document, leaving only our client’s claim for attorneys’ fees pending in the case. The Georgia Court of Appeals affirmed the trial court’s order in our client’s favor.
After successfully intervening in a lawsuit brought by a client’s competitor against a local county commission seeking to enforce a watershed protection zoning ordinance, Bloom Sugarman successfully argued that a prior preliminary injunction levied against its client in that lawsuit should be vacated in its entirety because the evidentiary hearing was conducted without proper notice. The injunction had shut down our client’s operations entirely for almost eight months and was threatening to put it out of business permanently due to the economic losses it sustained during the injunction period. The Court agreed with Bloom Sugarman’s arguments and vacated its own Order, allowing our client’s business operations to resume pending the outcome of the full trial scheduled for later this year.
Successfully defended a developer in a suit attempting to invalidate a recent rezoning decision and to enjoin developer from progressing further in development plan until developer constructed certain improvements. After identifying significant evidentiary weaknesses in plaintiff’s case, Bloom Sugarman moved for and obtained summary judgment on the grounds that the plaintiffs were ineligible as a matter of law to bring the claims at issue, allowing developer to continue project and county to continue issuing permits. Bloom Sugarman successfully defended the case through the appellate process, convincing the Georgia Supreme Court that no discretionary appeal was warranted.
Represented a builder in its efforts to obtain building permits in Forsyth County, convincing the county that the property was subject to site-specific zoning and the owner acquired vested rights in the original set back requirements. BSE also handled the appeal by a group of neighbors and successfully convinced the Board to deny the appeal, resulting in the permits being issued.
Successfully represented a property owner in its efforts to rezone a mobile home park in Spalding County, negotiating for numerous variances in connection with the rezoning. The Zoning Board’s 5-0 vote in favor of rezoning allows the mobile home park to continue its present operations without incurring the substantial costs it would have incurred as a legal non-conforming use.
Defended the developer, MARTA, and the City of Atlanta against challenges to the decision to re-zone the land for the development of the new Lindbergh mixed-use MARTA station project.
Successfully represented a national corporation in re-zoning property from residential to commercial in DeKalb County, despite neighborhood opposition and a previous rejection by the county of the requested rezoning.