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Lawsuit follows Brookhaven development denials

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Developer is suing the city over its denial of a mixed-use proposal on Dresden Drive

During the last few years, northern metro cities like Brookhaven, Sandy Springs, and Dunwoody have been reshaped dramatically by seemingly endless multifamily residential construction, bringing density to these formerly suburban enclaves.

In the wake of such development, these cities have begun to push back in some cases, finding ways to curb density as residents worry about traffic and quality of life. Recently, Sandy Springs passed an ordinance banning wood construction that's long provided viability for mixed-use projects, while Brookhaven has been pushing developers to decrease density by denying rezoning requests.

Now, the City of Brookhaven finds itself in the crosshairs of a lawsuit with one of those developers. According to Reporter Newspapers, Galloway Group has filed an appeal with DeKalb County Superior Court to force Brookhaven to reevaluate a proposed mixed-use development.

Dresden Properties and Terwillger Pappas filed to combine four lots of land along Dresden Drive and construct 113 apartments, eight townhomes, 9,000 square feet of retail space, and an additional 3,600 square feet of live-work space earlier this year. The project, known as Solis Dresden, met with neighborhood ire due to its density and requirement for rezoning.

Through a series of meetings, the rezoning request was ultimately denied in July, severely limiting the developer’s options for the site. The suit claims that the current zoning is an undue encumbrance and seeks for the current zoning to be ruled illegal, the newspaper reports.

Now it'll be up to the courts to decide whether Brookhaven will have to reevaluate the zoning application in the coming months.