The Court of Appeals of Georgia issued an order on Jan. 24, 2023, upholding the judgment of the Gwinnett Superior Court in the latest round of legal action taken against the city of Buford.
The legal dispute began in October 2020 when real estate developer CA Ventures requested that Hall County approve the rezoning of 34 acres along McEver Road to allow for 400,000 square feet of warehouse space to be constructed.
Hall County and Flowery Branch voted against the proposed rezoning request of 6533 McEver Road after local residents voiced their opposition to the development.
The landowner, Darryl Crow Holdings LLC, then took their request to the city of Buford on Mar. 22, 2021, to allow for the annexation and rezoning of the 34-acre parcel from AR-3 to M-1 (light-industrial).
Hall County attempted to block the city from being able to annex the property by taking the matter before a statewide arbitration panel in March 2021 alleging that the proposed zoning of light-industrial was not appropriate for the area. The arbitration panel ruled in Buford’s favor.
“The existing and pending developments both north and south of this parcel are both commercial and industrial in nature, as well as high-density residential,” the panel wrote in a 9-page decision that was released on June 8, 2021.
The panel’s written decision goes on to state that the annexation and rezoning request appears to be consistent with other developments within a mile of the proposed development.
The Buford City Commission unanimously voted to approve the annexation and rezoning of the parcel on Aug. 2, 2021, after which neighboring landowners filed suit against the city over their decision.
The Gwinnett Superior Court dismissed the neighbors’ petition in favor of the city of Buford and the property owner. An appeal to the court’s decision was filed with the Court of Appeals of Georgia which was denied on Tuesday, Jan. 24, 2023.
There is no word on whether the opposition will attempt any further legal action in regards to the proposed warehouse development.
FEATURED PHOTO: CA Ventures, after failing to get approval from Hall County applied for annexation and rezoning with Flowery Branch. Special photo
