Goldstein loses another round in fight over building height
by Jon Gillooly
December 06, 2012 12:46 AM | 3409 views | 6 6 comments | 6 6 recommendations | email to a friend | print
Marietta Properties, LLC owner and Marietta City Councilman Philip Goldstein, left, listens during his case filed against the City of Marietta back in August. With him are attorneys, from left, Richard Wingate and Edwin Hallman.<br>Staff/Laura Moon
Marietta Properties, LLC owner and Marietta City Councilman Philip Goldstein, left, listens during his case filed against the City of Marietta back in August. With him are attorneys, from left, Richard Wingate and Edwin Hallman.
Staff/Laura Moon
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ATLANTA — Councilman Philip Goldstein struck out in court again Wednesday in his lawsuit against the city for blocking him from developing a five-story building at the corner of North Park Square and Root Street.

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.
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SG68
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December 07, 2012
If the Certificate of Approval was properly issued and there is no specific time limit set forth in the certificate on when he can apply for a building permit and start construction then the certificate requirements are still in effect.

Unless there are other ordinances or rules that were in effect at the time the certificate that was issued that supersede that, then he is grandfathered.

You can't change the rules after the fact.

Not fair.

Starbucks
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December 06, 2012
hey they got the Starbucks isn't that enough?
Connie Mack Jr
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December 06, 2012
Phillp! Build the dang Building and hire Blackwater Security to protect it while construction is going on. In fact! Go for Broke and make the Sucker 40 Stories high which brings us to another question? Do you really believe the Marietta Enforcement Department has 20 M-1 Abrams Battle Tanks to take on Blackwater.. These are revolutionary times and now is the time to strike at OM and take down their empire and free the Square for the masses.......
Krystal!
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December 06, 2012
I want a Krystal, not coffee! Help!!
MAY-RETTA SURVIVOR
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December 06, 2012
"...keeping all options open." Gold$tein, here's another "option" for you: GROW UP!
onlycritter1968
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December 06, 2012
Agreed! Can we vote him out next time? Please?
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