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26 Comments

  1. 1

    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.

  2. 2

    The Brookhaven Post

    Hi Jeremy. It is likely, because the case is seeking legal fees, that could be classified as damages, the case will be handled by GIRMA – the City’s insurer for these types of things. Of course the City has to pay for the GIRMA coverage in premiums, but may not have to come “out of pocket” per se. I’m trying to verify. Thanks for reading The Post.

  3. 3

    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.

  4. 4

    Riley OConnor

    Would that the developers had been so quick to produce substantive changes to their project to meet the neighbors’ requests as they are to sue for damages.

  5. 5

    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.

  6. 6

    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.

  7. 7

    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

  8. 8

    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.

  9. 9

    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 forget the developer. Or if they come in as a different LLC and try another stunt. We are overbuilding Brookhaven!!!! What happens when the bottom falls out again? Yes, it will fall out and if the developer doesn’t have deep pockets, he will walk away and we will have an eye sore with a half built building to view when we drive down Dresden. No different than the disaster left in Buckhead when life was grand and then life fell apart. That deep pocketed developer was doing a great job until things fell apart. At some point, they/developer walks and the bank takes over. Is this what we want the landscape of Brookhaven to become?

  10. 10

    Riley OConnor

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

  11. 11

    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

  12. 12

    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.

  13. 13

    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.

  14. 14

    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.

  15. 15

    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.

  16. 16

    Easy Rider

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

  17. 17

    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.

  18. 18

    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.

  19. 19

    Mari

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

  20. 20

    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

  21. 21

    Mari

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

  22. 22

    Paul

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

  23. 23

    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.

  24. 24

    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!

  25. 25

    Janine

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

  26. 26

    neighbor neighbor

    yah

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