May 24, 2017
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26 Comments on "Brookhaven property owner claims denial of Solis Dresden was unconstitutional, asks DeKalb Judge’s opinion"

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Jeremy
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Jeremy

Here’s to Carlos loosing his case. Thanks Carlos for throwing your toys on the ground and costing the taxpayers of Brookhaven money in legal fees to defend against your temper tantrum. Pick up your toys and go home.

neighbor neighbor
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neighbor neighbor

yah

Greg
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Greg

He bought those lots in 2008. Were there any other proposed developments over the past 8 years? If he waited this long, another 2 years honestly isn’t that bad. Property value is likely only going to increase in that time frame, but likely not back to the price he paid originally.

Brad Ford
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Brad Ford

Don’t get me wrong, I’m not taking sides here, but dismissing the owner’s claims simply because “he waited this long ” and “another 2 years honestly isn’t that bad” is incredibly short sighted. Anyone who’s taken even a basic course in finance knows that money today is worth more than money tomorrow. I’d be upset too if I was told I couldn’t sell my property for two years knowing how valuable it is today.

Greg
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Greg

You’re right. Spending $4.7 million on some property just to let it sit there for nearly a decade also doesn’t make a whole lot of sense though.

Brad Ford
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Brad Ford

Greg, the dollar amount shouldn’t matter, nor the time that’s passed since it’s purchase. That’s what we call a “sunk cost”. All that matters in this equation is that the property is worth enough today to warrant selling it. He’s now limited in his options to do so.

Easy Rider
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Easy Rider

Indeed, denying the application is obviously punitive. While the community rightfully should fight apartments, we have to balance that with compromise. Not because of this development, but future developers are looking at this negotiation and if they risk a two year delay they will go ahead with projects that don’t require community approval.

Mari
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Mari

Nothing says that he can’t sell it. That has nothing to do with the denial.

On the Record
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On the Record

The owner can request the right to file in 6 months for a rezoning. The Council can waive the 24 months in favor of 6 months

Easy Rider
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Easy Rider

And the council can decline to waive the 24 months. Thus the rationale behind this lawsuit. The argument still applies.

Kenny
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Kenny

Investment property is just that. Investments come with risk that you may not be able to reap the windfall you want in the timeframe you have. Stock investments, real estate investments are both the same and if you can’t handle the risk you shouldn’t play in the market. Don’t lose sight that this property is owned by INVESTORS speculating on what they can sell for while they live elsewhere. They do t give a rats rear end about what it will mean to the community.

Saul
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Saul

Kenny, just to add to your comment, the longer that property lays fallow, the greater it’s value grows given its location. At some point it’s value may demand that a multiple story building is appropriate for this location. This will not happen over night, but at some point it is a spossibility. Just look a little south on Peachtree in Buckhead at how Fulton County has dictated development based on their property valuations.

Thomas Porter
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Thomas Porter

The property is NOT undevelopable as zoned, and, it IS commercially viable… just not as apartments. The zoning AND ordinances were in-place when Carlos bought the property. Further, nobody still cares whether they were putting in Viking Ranges and Granite countertops.

This action is childish! Shame on Galloway Law for being part of this. We’ll remember.

Riley OConnor
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Riley OConnor

For the Galloway Law Group, this is the gift that keeps on giving…….

Tom Reilly
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Tom Reilly

Good for you, Tom!! And good for you, Brookhaven City Council!! We live here, “they” don’t. You apply to develop here, you work within the legal framework already established here or you go elsewhere. –Tom Reilly

TLB
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TLB
Someone doesn’t like how things were going in the sandbox, doesn’t like playing fair so take your ball and go somewhere else. I guess you want to a trophy for losing so your feelings don’t get hurt. The owner/developer/community knew the rules when the process started. Developers generally have deep pockets, great legal representation. The developer could care less about the cost to Brookhaven, time spent dealing with someone who doesn’t get their way. So now you are going to throw away more money and it will cost Brookhaven more time and money. I hope anyone following this process doesn’t… Read more »
Conrad
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Conrad

That is the same thing an older Brookhaven generation said about this Brookhaven generation. One generation has lost their brookhaven and another generation is getting ready to loose their concept of Brookhaven.

On the Record
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On the Record

The Council followed it’s rule, it was not capricious. The City will win in court because they followed the rules. The attorney will win, because they bill hours. The developer will write the cost off on his taxes as a business expense.

mitch
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mitch

24 month moratorium is a joke to do a character study. The character of Dresden was set a few years ago. Clean up the junk finish the development along this stretch.

Mari
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Mari

There is no 24 month moratorium to do Character Area Studies. Geez!

Janine
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Janine

Wow Mitch, you really should read The Brookhaven Post more.

Riley OConnor
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Riley OConnor

In an interesting turn of events, today’s AJC has a front page article about DeKalb County sewer issues. Five developers have been sent letters stating that they cannot continue forward with their project because of sewer capacity issues. One of these five developments is for the Solis Dresden project by Terwilliger-Pappas. Please see:

http://www.myajc.com/news/news/local-govt-politics/business-growth-threatened-by-dekalb-sewer-problem/nsL5X/?icmp=AJC_internallink_8262016_AJCtoMyAJC_DeKalb_Sewer_Warnings

Paul
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Paul

This won’t apply to MARTA. It will pass with tax abatement.

RAJ
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RAJ

Pass with a tax abatement and then try to get a sewer hookup…..against a Federal consent decree…..without considerable cost to the developer!

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