Property owners file lawsuit against Buford following controversial warehouse decision

A group of disgruntled residents are turning to the courts and suing the City of Buford and its commissioners in the hopes of stopping a controversial warehouse plan from coming to McEver Road.

Buford City Commissioners unanimously annexed and rezoned 34 acres of unincorporated south Hall County land during an August meeting that will allow Chicago-based CA Ventures to construct nearly 400,000 square feet of warehouse and office space.

Some residents branded city officials as “a bunch of liars” after the board’s Aug. 2 decision. Hall County officials also publicly voiced their opposition to the plans at multiple meetings.

Several homeowner’s associations and adjacent property owners seek to reverse the decision and send it back to the board to deny it, according to an Aug. 30 complaint filed in Gwinnett County Superior Court.

The area around the proposed project consists of single-family neighborhoods and a few commercial properties. The lawsuit states that Buford officials ignored the city’s zoning guidelines and violated the property rights of nearby homeowners without compensation.

The plaintiffs argue that the “arbitrary” and “capricious” rezoning is inconsistent with Buford’s comprehensive plan, which does not designate the surrounding area for industrial use.

“We certainly understand that this is not going to remain a vacant lot — and it shouldn’t. This area is growing, and that’s perfectly fine,” said Stanton Porter, an attorney representing the plaintiffs. “It just doesn’t need to be zoned into something that is unlike and goes against everything else that’s been planned for this area.”

City Attorney Gregory Jay told The Atlanta Journal-Constitution on Tuesday that Buford can’t comment on pending litigation. By the time of publication, Buford Commission Chairman Phillip Beard had not responded to an email from the AJC seeking comment.

The warehouse plans call for two buildings that could house multiple tenants: one 221,400 square feet and the other 175,000 square feet. The developer expects the $55 million project to create 200 jobs.

“If this property were developed into an industrial/distribution warehouse it would cause irreparable harm on the residents immediately surrounding the property,” the lawsuit states. “The subject property has other economically viable uses.”

The development would have three entrances on McEver Road on a curve, referred to by some as “dead man’s curve.” CA Ventures has said it would add a 100-foot buffer to the property, widen the road, increase the road’s visibility line and add a middle turn lane and deceleration lane by the property.

A site plan for the office and warehouse space on McEver Road proposed by CA Ventures. (Courtesy City of Flowery Branch)

These improvements aren’t enough to stifle neighbors’ concerns. Residents are still worried about noise, traffic and the safety of schoolchildren who take the bus in the area.

Ley Hathcock, principal at West Hall High School, moved into his home in the Lake Run subdivision off McEver Road almost 30 years ago, predicting the stretch of road would remain a peaceful residential area. He worries the development, located less than 350 feet from his home, will lower his home value.

“The whole thing is just ethically and morally bankrupt,” said Hathcock, whose homeowner’s association joined the lawsuit as a plaintiff.

After the board’s decision, Beard said that the development could help grow the city’s tax digest and fund the local school system. The lawsuit alleges that Beard’s justification for the decision poses a conflict of interest, as he also serves as superintendent for Buford City Schools.

Buford, a city mostly in Gwinnett County with portions in Hall, grew by more than 40% over the last decade, according to 2020 U.S. Census data. More than 17,000 residents now call Buford home, compared to only about 12,000 in 2010.