Homeowners win round in court fight vs. Allatoona development

Cobb County residents who sued to stop the development of a large church and small hospital near Lake Allatoona won an important procedural battle Monday.

The Georgia Supreme Court’s unanimous ruling overturns a decision last January by a Cobb Superior Court judge. That judge dismissed a lawsuit contesting plans for a 65-acre tract of land on U.S. 41 near Acworth.

Johnson Ferry Baptist Church, an East Cobb mega-church, wants to build a satellite church and other facilities on the property. WellStar Health System proposes building doctors’ offices, a diagnostic and testing center, and, eventually, a hospital.

Nearby homeowners, led by Teresa Stendahl and son Timothy Cannon, said the project at the intersection with Awtrey Church Road would pollute water for hundreds of thousands of people. Lake Allatoona is a major source of drinking water for residents of Cherokee and Cobb counties.

“This has never been about me, the building of a church or the building of a hospital,” said Stendahl who owns 11 acres adjacent to the proposed site. “This has always been about the protection of individual property rights and the water quality of Lake Allatoona.”

Bonnie Wilson, WellStar’s general counsel, likened the Supreme Court’s decision to no more than a procedural setback.

“Clearly, we’re disappointed in the ruling primarily because it will delay WellStar from the commencement of developing medical services to the Acworth community,” she said. “We definitely will pursue the defense of the lawsuit and expect ultimately to be successful.”

The contested land is bordered to the east by property zoned residential; all other sides are zoned for commercial or light-industrial use. The Cobb County Board of Commissioners approved the rezoning application last year.

Stendahl, who earlier rallied property owners to successfully beat back Wal-Mart’s attempt to build a super center on the same site, sued to thwart the church-hospital project in August 2007. But Cobb County Superior Court judge Robert Flournoy III ruled last January that he could find no “provable facts” that the project would adversely affect the environment or impair the local quality of life.

Georgia’s highest court took the case last March. In its ruling Monday, the justices found that “the trial court erred” in dismissing Stendahl and Cannon’s claims. In essence, the court ruled that the plaintiffs have legal standing to challenge WellStar and Johnson Ferry Baptist.

“The appeal was filed based on an order by the judge to dismiss our case without ever giving us due process in Cobb County Superior Court,” Stendahl said. “This now allows me to have my day in court.”

Wilson, WellStar’s attorney, said Monday’s decision wasn’t “based on the substantive arguments made by the plaintiffs.” The case now returns to Cobb Superior Court. Wilson expects to file for summary judgment within six months.

“We’re in the early stages of the plaintiffs’ lawsuit,” she said. “The next phase will be a more substantive review of the allegations and complaints. I personally feel we’ll be successful and we’ll ultimately be developing the property.”