Community Corner

Lawsuit Filed Against 315 West Ponce Project

The lawsuit says the city made mistakes in approving the mixed-use project and seeks a new hearing before the Decatur Zoning Board of Appeals.

(Editor's note: The writer is a resident of the 335 West Ponce condo building.)

A resident of the 335 West Ponce condo building has filed a lawsuit over a large mixed-use project proposed for an adjacent parking lot.

Mark Gannon says City of Decatur officials and the Decatur Zoning Board of Appeals (ZBA) made incorrect decisions in processing the 315 West Ponce project.

He wants a judge to reverse a previous ZBA decision that upheld actions by the city planner and order that board to rehear residents' appeals.

Gannon, the husband of DeKalb County Commissioner Kathie Gannon, filed the suit June 14 in DeKalb County Superior Court against the City of Decatur, the ZBA and Carter USA, the developer.

None of the defendants have responded to the suit and it's unclear what effect the suit will have on construction of the project, which was supposed to start this summer.

Carter said the 315 West Ponce project would have 235 apartments, 10,000 square feet of retail and a seven-story parking garage.

The lawsuit alleges the city didn't consistently apply development requirements and approved conflicting ordinances concerning downtown multiple dwellings.



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