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Posted: 3:40 p.m. Monday, Aug. 18, 2014

Business sues over Cobb’s approval of Braves zoning

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By Dan Klepal

The Atlanta Journal-Constitution

An office building owner is suing Cobb County government and the Atlanta Braves over the government approval of the team’s rezoning application for its planned mixed-use development outside the new ballpark in Cumberland.

Fairly Breezy LLC, which owns about two acres of land on Heritage Court, across from the Braves stadium site, filed suit in Cobb Superior Court earlier this month, claiming the county ignored zoning law that requires applicants to be specific about their development plans.

The lawsuit also claims that the Braves threatened to “wall off” owner Fred Beloin’s building if he rejected the team’s offer to buy the property. The Braves on Monday did not immediately respond to a request for comment related to that accusation.

Attorney George Butler called the Braves’ development plans a “pig in a poke” because of the alleged lack of detail.

“One of the first things a rezoning applicant needs to do is provide a … site plan that shows the exact location of all the proposed uses,” Butler said. “There is currently no site plan in existence. The Braves are free to move the uses around, like pieces on a chess board.

“My client has a beautiful and pristine office park setting. He would like to know what the building height and what building is proposed next door, so he can consider what the impact will be. Zoning issues usually involve the applicant showing the neighbors what they are proposing and then inviting feedback and concern, so you engage in a back and forth negotiation.”

County officials declined to comment on the suit because it is pending litigation.

This story will be updated.

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