Politics & Government

Judge Orders Mediation in Developers' Case vs. Suwanee

The parties have until Nov. 4 to try to reach a settlement with a third party involved.

Updated 7:09 a.m., Oct. 1, 2011

A Gwinnett Superior Court judge Friday afternoon ordered attorneys for to go to mediation by Nov. 4 to try to resolve the case that has resulted in a $1.8 million jury award against the city.

After hearing four hours of arguments from both sides, Judge Warren Davis ruled that they must agree on a mediator, who will try to bring the sides together on a settlement.

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If that does not resolve the three-year legal battle, the parties then have until Nov. 11 to submit additional briefs to the judge on the case.

Fridays' hearing was the latest step in a matter that arose from a failed land sale in Suwanee in 2008. The developers, who are led by former Gwinnett homebulders Brad Williams and David Bowling, had an $8 million agreement to sell 36 acres off Moore Road to Notre Dame Academy of Duluth, which wanted to build a school there.

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However, Suwanee officials quickly passed a moratorium and later adopted a special-use permit process after learning of the school's intentions. The city said it did so because residents in the area would not like a school there. The land is zoned residential.

A jury in August sided with the developers and awarded $1.8 million in damages. Friday's hearing was to resolve legal matters over the jury's use of a special questionnaire, which had been agreed on by both parties.

"You come from different viewpoints," the judge said. "There's a lot at risk both ways. Let's see if you can reach a resolve."

Suwanee City Attorney Gregory Jay said he wants two members of the City Council to be in on the mediation process, which will be closed to the public.

Attorneys made arguments Friday that were similar to the trial.

Gerald Davidson, representing the developers, said Suwanee officials acted "hastily and with purpose to target this project. ... They intended to head this off."

Laurel Henderson, lead attorney for the city, said city officials "never had a (special use permit) application to review." She added that there was "no testimony that the subdivision was not a viable alternative when the special use permit process was passed."

The judge also wants legal briefs from both parties by Oct. 14 on who will pay attorney's fees.


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