The City of Statham won the lawsuit against Statham Industrial over its plan to open a transfer station in the city’s industrial park.
Judge David Motes issued an order in favor of the city Nov. 20.
The company, represented by Douglas Dillard, partner in the firm of Pursley, Friese and Torgrimson of Atlanta, sued the city over its denial of its administrative appeal in March.
That denial came after a four-hour hearing before the city council.
“The zoning ordinance of the City of Statham does not permit the use of the property in question as a transfer station, regardless of the prior assurances to the contrary by officials,” Motes said in his order.
The suit came after Randy Gordon, former planning and zoning director for Statham, denied the company a permit for grading and clearing the land.
The administrative hearing was over that denial.
Gordon, who quit at the city in October, testified at the administrative hearing that he was “directed by the mayor and city council to deny” the company’s request for a permit.
Motes cited the city’s zoning ordinance and said the M-1 industrial zone, where Statham Industrial bought property, had 30 permitted uses and five conditional ones.
See more in the Nov. 29 edition of the Barrow News-Journal.