Chamblee, GA, November 4, 2016 – by Trey Benton – The City of Chamblee is being sued by Trinity Development Group, LLC, Trinity Chamblee Station, LLC and Chamblee Longview, LLC, (Plaintiff’s), over a zoning change the City made back in September changing a number of parcels from Corridor Commercial (CC) to Village Commercial (VC). All sitting Chamblee Councilmembers and Mayor Eric Clarkson are named as defendants in the suit.
According to legal documents filed in DeKalb Superior Court on October 20th, this zoning change to VC prohibits restaurants with drive-throughs, gas stations/convenience stores, and private postal delivery services – all of which are currently operating on the Plaintiffs’ property in Chamblee Plaza.
The new VC rezoning means the businesses currently in operation in Chamblee Plaza, now fall into a category of legal, nonconforming uses. This includes the Chick-fil-A, Dunkin’ Donuts, the UPS Store and the Citgo gas station/convenient store, although Chick-fil-A is not party to this particular legal action, court documents indicate.
The suit alleges the damage to the businesses equates to $2.38 million in property value devaluation. The suit also calls the prohibition of restaurants with drive-throughs in the VC zoning district is facially unconstitutional, illegal, null, and void in that it fails to advance any legitimate governmental interest district and bears no rational relationship to the protection of the public health, safety, and welfare.
The Plaintiffs are asking the Court declare that the VC zoning district is unconstitutional, arbitrary, capricious and unreasonable, illegal, null and void both on its face and as applied to Plaintiffs’ Property, and results in a taking of the Plaintiffs’ Property without just compensation. Plaintiffs are also seeking the Court award them any costs of litigation and attorney fees.
“The application of the VC zoning district to the Property constitutes a taking of Plaintiffs’ Property in violation of the Just Compensation Clause of the Fifth Amendment to the Constitution of the United States; Article I, Section I, Paragraph I, and Section III, Paragraph I of the Constitution of the State of Georgia of 1983, and the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States,” says the Court documents.
Attorney for the Plaintiffs, Doug Dillard and Jill Arnold of Pursley, Friese and Torgrimson, LLP, also ask the Court issue a temporary and permanent injunction prohibiting Defendants from enforcing the VC zoning district against the Property; grant injunctive relief imposing the affirmative duty on Defendants to rezone the Property back to a constitutional classification; and that Plaintiffs have any and all further and other relief as this Court may deem just and proper.
According to the September 20, 2016 City Council meeting agenda packet when the zoning change was approved, the adoption of the CC to VC rezoning resolution making the parcel changes “official”, amends the City’s Future Development Plan Map to further the overall goals and policies of Chamblee’s adopted Comprehensive Plan.
20 Comments
Riley OConnor
Chamblee’s actions certainly appear to be an example of trying to stuff the genie back into the bottle.. At one time, Chamblee Plaza was a viable and active place, albeit an example of mid-century design that urban planners now love to hate. Lots of asphalt out front filled with a sea of cars, but there were a full complement of businesses providing a wide variety of services and shopping. Now, it’s a dwindling hulk that hundreds of cars pass by every day and you have to wonder when did the spirit of cooperation between the property owners, business operators, and the City of Chamblee go away? And why?
Ellen
That is not the issue at all. This is Doug Dillard, who to my knowledge doesn’t live in Chamblee, ginning up business by representing a mini storage owner intent upon putting that type of business at the entrance to the Sexton Woods. It was an error that the property was zoned cc at all; most Chamblee residents want the VC zoning and so it was rezoned to prevent this very type of development from occurring in the future. Doug Dillard pushed the mini storage development knowing that residents would then push for rezoning in order to manufacture more business for himself Doug Dillard is a pimple on the ass of society who can go to hell. The property is worth as much or more as VC rather than cc, so he likely has no case.
Ellen
And to be clear, Trinity Development is the beneficiary of a 10-year Dekalb County property tax abatement who talked a good game at first about developing the property but never had any intent to do so. He has been sitting on the property for 7 years now biding his time until he can sell when his abatement ends. The entire Huntley Hills neighborhood has not realized the increases in value they would have if the property had been developed. Perhaps they should sue Trinity Development.
Saul
Ellen, you do realize the properties at the entrance of Sexton Woods on Peachtree have been commercial for a long time. Maybe even before the neighborhood was developed. Peachtree Boulevard was once called Peachtree INDUSTRIAL Boulevard for a reason.
Ellen
Please get informed about before making comments like this. There is a long backstory on this issue and it is really sad that a loser who can’t be bothered to develop this property can bring a suit on this very desirable rezoning after inflicting negative externalities on his neighbors. With any luck, the judge will grant summary judgment to disallow this frivolous lawsuit.
Janine
More puffery by ‘Foghorn Leghorn’ Dillard! He says the same things about null and void and capricious and arbitrary in every letter and every time he speaks. Eyes roll.
seeker of truth
Existing businesses are grandfathered, so unless they plan to put in more fast food restaurants, ups stores or a second convenience store what the problem? Perhaps more Self Storage or used car lot would be preferable also allowed in the previous zoning.
Caterpillar Maintenance Kid
Remember when Kudzu books was in Chamblee Plaza? There still is a Chinese Buffett named “Chinatown Buffett”They have a 5 year lease and serve healthy foods and it is economical. There is also a hair stylist and an abandoned American Legion property near CITGO. Protect the good, the neighborly and the moderately successful/ Small business built America there was no Exxon or WAL-MART in the days of Washington, Jefferson and Franklin.Not one step back.
yakety-yak!
Weren’t there any stipulations requiring redevelopment attached to the 10 tax year abatement?
If not, why not?
Does Trinity own Plaza Fiesta also?
High stakes poker being played in Chamblee.
Flubber
I don’t think there was even a citgo in those days.
Flubber
That was a Dekalb tax abatement. Wouldn’t be surprised if there was collusion between Dekalb and Trinity on that deal.
Eddie E.
A minor issue.
If you want to see REAL evidence of terribly faulty rezoning in Chamblee, come watch the ‘mining operation’ underway on New Peachtree.
Potentially contaminated waves of dust covering everything around the site perimeter and the City has no concern that they have made a disastrous error.
Flubber
This is not a minor issue to those who support the rezoning strongly. Council is listening to its citizens and reducing garbage CC development in areas that we are trying to transform away from the industrial and low-value development past. This will dramatically increase property values in Chamblee across the board.
yakety-yak!
I don’t understand. Can you explain please?
Eddie E.
Yes, getting rid of those ‘low value industrial areas’ won’t cost any jobs while incessant building provides no jobs when the structures are complete.
What an execllent definition of short sighted!
By the way, when the value of your home is to live there, increases in ‘property values’ just mean an increase in property taxes.
ellen
I have a 5-6 year timeframe. I want property values to go way up.
ellen
Explain what?
ellen
There must be a Trinity representative or a corrupt Dekalb County official on this site voting Flubber’s comment down. There was no development stipulation in that tax abatement and the fact that there wasn’t is highly suggestive of corruption and backroom bribes.
yakety-yak!
I was asking Eddie E. about the contaminated dust he mentioned in his comment. Is he talking about a site being redeveloped now? Which one? Maybe the EPA should be testing the dust & surrounding air quality?
Thrift aholic
Just don’t mess with Last Chance Thrift Store. Love them!