Brookhaven, GA, March 6, 2017 – by Trey Benton – The City of Brookhaven is the target of a lawsuit filed in DeKalb County Superior Court, a lawsuit appealing the Council’s January approval of the Dresden Village mixed-use development slated for 3.73 acres along Dresden Drive, between Caldwell Road and Parkside Drive. The Brookhaven Council approved the project being developed by CONNOLLY, at 7 for sale townhomes, 169 apartments, 20,700 sq. ft. of retail/restaurant, a 6-story parking deck with 473 spaces and allowed a controversial 5th story on the apartment buildings – with 31 conditions.
According to the filing The Post obtained from the Court, Steve Pepmiller, a Caldwell Rd. resident and his legal Counsel, Williams Teusink, LLC, are questioning the City’s approval of the project and are asking a Judge to look at the case from the very beginning (De Novo) to determine whether the City followed proper procedure.
The complaint also asks the Court to find that the Council’s approval violated the Brookhaven Zoning Code, and claims Council’s actions “were arbitrary, unreasonable, capricious and, as a result, denied Mr. Pepmiller due process of law, as guaranteed by under the Constitution of the State of Georgia.”
Throughout the time SSP Dresden, LLC’s application was navigating the process to rezone the land parcels to make it possible to build the Dresden Village development, the community was activated and turned out in large numbers during Planning Commission and City Council meetings. Residents were opposed to approving more apartments in the area, a “bonus” 5th story, increases in density and traffic.
The process by which the Council approved Dresden Village has also been called in to question, and whether the “final” plan should have been allowed for Councillors to consider, because it was not submitted 15 days prior to the hearing. The complaint says because Connolly submitted their fourth revised site plan that included a “major amendment” just days prior to the January 4th City Council Meeting, Councilmembers should have deferred the case for a “full-cycle review by the Planning Commission and Council” instead of considering it.
Brookhaven’s Communications Director, Burke Brennan said when asked for comment, “While the City cannot comment on the specifics of pending litigation, it is a right of any resident or developer to ask a court of law to review our processes, as they have done in this case.”
Reimbursement of any legal fees and costs of litigation are also sought by Pepmiller.
The Court Filing as obtained by The Post is below.