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Defense and Counterclaims Lead to $1.2 Million Buy-Out in Zoning Case

Andersen, Tate & Carr attorneys Tom Tate, Matt Reeves and Tyler Dillard recently represented AR Motorsports, an auto dealership, in a Gwinnett County zoning case that was filed by a local City. The City sued AR Motorsports and its owner in Gwinnett County Superior Court, seeking a permanent injunction to close the business.

The City claimed that it was entitled to the injunction because the business had allegedly violated City ordinances and expanded its size over the past several years.

ATC aggressively defended the clients by arguing that the business was grandfathered under prior zoning laws, and ATC counterclaimed against the City by arguing that the zoning ordinance at issue was a capricious, arbitrary, and unconstitutional ordinance.

ATC also asserted counterclaims that the City was violating the Constitution’s Equal Protection Clause by treating AR Motorsports differently than other similar businesses, and that the City’s desired enforcement would violate the Constitution’s Takings Clause as the owner would not receive any compensation for his property or business.

After more than a year of involved discovery, numerous depositions of City officials, and initial court hearings, the case made its way to the Georgia Supreme Court. Just prior to the Supreme Court holding oral arguments in the case, the City agreed to buy the client’s property for $1.2 million to end the case.

This presented a win-win for the client and the City. AR Motorsports was able to use the proceeds of the sale to move its business to a new, more prosperous location, and the City was able to use the property for a new desired purpose. Check out AR Motorsports at its new location in Buford or online.

Speak to an Atlanta Real Estate Litigation Lawyer Today

If you or your business is faced with a serious zoning law matter or other complex real estate litigation matter in Atlanta, contact Andersen, Tate & Carr’s attorneys for help. Our team of experienced attorneys are here to make sure you get the representation you deserve.

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