A Gwinnett County judge has issued an order allowing a private Catholic school to build a new campus in Suwanee, but the city has appealed to the Georgia Supreme Court.

Chief Magistrate Judge George Hutchinson, sitting for Gwinnett Superior Court Judge Warren Davis, on Friday lifted a moratorium that temporarily stopped construction of large, non-residential projects in Suwanee's residential areas. The moratorium was set to expire Tuesday.

The judge's order says the city engaged in discriminatory action against Notre Dame Academy, a private Catholic school now in Duluth. This action, the judge said, violated the federal Religious Land Use and Institutionalized Persons Act by placing a "substantial burden" on the Catholic school.

The city did so, the order says, when it passed the moratorium in late February, a few days after officials with Notre Dame contacted the city about their construction plans.

The city plans to keep fighting.

"We believe the order effectively prevents the city from exercising its legislative functions, although the matter has yet to be adjudicated," said Gregory Jay, Suwanee's attorney. "The city believes that its zoning ordinance amendment is a legitimate and proper tool to protect the character of its single family residential neighborhoods."

The moratorium prohibited the K-8 school from proceeding with plans to build a large campus in an area zoned residential. The zoning allowed for the construction of a church, school or community center in a residential zone.

The judge's order also enjoined the city from changing its zoning ordinance in a way that affects the 37 acres Notre Dame Academy wishes to purchase. The land is at Moore Road and Settles Bridge Road.

"We're very pleased with the ruling," said Debra Orr, president of Notre Dame Academy.

In an e-mail to parents at the school sent after the order was issued, Orr said the ruling "means we may now move forward with plans for a permanent campus."

Passed by the planning commission in early May, the amendment requires all non-residential projects in residential neighborhoods to receive special use permits. This planning requirement would subject them to a higher level of scrutiny and the permits would be granted by the city council, according to Suwanee planning director Josh Campbell.

Hutchinson's order said Notre Dame Academy showed that it would suffer "immediate and irreparable harm" if he didn't grant the school's request for injunctive relief and stop the city from enforcing

existing zoning rules and creating new ones.

Late Tuesday afternoon, the Georgia Supreme Court said the Suwanee City Council could consider and pass the amendment during its Tuesday meeting.