Suwanee Awaits Next Step in Case vs. Developers

Updated 9:27 a.m., Sept. 2, 2011

Suwanee city officials are awaiting developments in their legal matter with Settles Bridge Farm LLC, and the case that has resulted in a jury finding against the city has one more step at the Superior Court level.

City Attorney Gregory Jay said this week that it would be premature to discuss any next step until a Gwinnett Superior Court hearing on Sept. 30 in the case.

Last week a Gwinnett Superior Court jury sided with Settles Bridge Farm LLC, a group of developers headed by Brad Williams and David Bowling. The jury awarded $1.8 million to the developers, ruling that a regulation passed by Suwanee officials in 2008 adversely affected a potential land sale by the developers.

In general, parties have 30 days to appeal such a ruling. Jay noted that the jury used special interrogatory forms in making their decision, and that the ultimate issue is a question of law for a judge in the Sept. 30 hearing.

The case arose in 2008 when the developers entered into a sales contract with Notre Dame Academy of Duluth for 36 acres in the Moore Road area of Suwanee. The sales price was for about $8 million, though material presented in court showed the market value at the time was $3.9 million.

Suwanee officials, feeling residents in the area would not like a large school and the resulting traffic in the area, put in a moratorium on new development. Then the city passed a special-use regulation for development in the area; that regulation limited the size of potential schools that could be built there.

Notre Dame Academy officials testified that they felt it would be futile to pursue their project, and they eventually cancelled the sales agreement. They have settled their own lawsuit with the city.

The jury award is based on the sales agreement and the $6.2 million that the developers originally paid for the land.

Suwanee has no obligation to pay the award pending legal developments and appeals.

Williams lives in Monroe, Bowling in Snellville. At one time, they operated a homebuilding business in Gwinnett.