Goldstein had asked the Georgia Court of Appeals to reverse the opinion it issued on Aug. 31, in which it upheld a June 2011 decision by Cobb Superior Court Judge George Kreeger, who threw out Goldstein’s lawsuit against the city.
The three judges on the Court of Appeals — Anne Elizabeth Barnes, Harris Adams and Christopher McFadden — declined to reconsider their ruling.
“I’m pleased on behalf of the city of Marietta, and the city hopes that this litigation will soon be concluded,” city attorney Doug Haynie said.
Haynie said that leaves Goldstein with the option of asking the Georgia Supreme Court to consider his case.
“They have to agree to review it,” Haynie said of the Supreme Court. “They would have to look at this opinion by these three judges and say ‘There might be something wrong, and we want to look at it,’ and that’s the only way Philip could get to the Supreme Court.”
Goldstein referred comments to his attorney, Richard Wingate.
“I haven’t had a chance to discuss it with the client to determine what his wishes are, but we’re keeping all options available,” Wingate said. “We have 10 days from today to inform the Court of Appeals whether we intend to ask the Supreme Court to hear the case.”
Goldstein’s Marietta Properties LLC sued the city in April 2011, arguing that a new downtown height ordinance should not prevent him from building the five-story building, about 66 feet tall, on the spot because he had a certificate of approval from the city’s Historic Board of Review when the rule was adopted.
Kreeger ruled that the proposed building was not grandfathered in and that Goldstein must obey the ordinance, which limits new buildings fronting Glover Park to a height of 42 feet. Goldstein did not have, or apply for, a building permit before the new ordinance took effect.