Local News

Atlantic Station condo owners' suit before high court

By Bill Rankin
July 11, 2011

Novare Group, the developer of the 26-story "Twelve" building at Atlantic Station, on Monday sought the dismissal of a suit filed by eight people who said they were fraudulently led to believe their views of the downtown skyline would remain unobstructed for years.

The condo owners say they had been told no high rise would be built across from their building when they bought their units in 2006. But construction of the 46-story "Atlantic" began in 2007 directly across 17th Street. The Georgia Supreme Court will decide whether the case can go to trial.

The condo owners, who filed suit in Fulton County Superior Court, claim the sellers of their units promised they would have "spectacular city views" and that any future development would consist of low- to mid-rise buildings. But their purchase contracts said "views from ... the unit may change over time due to ... additional development."

"This is not a case about fraud or deception," Thomas Reilly, an attorney for Novare, told the state Supreme Court on Monday. It's about "the sanctity of contracts and buyers' remorse."

James Fletcher, a lawyer for the condo owners, disagreed. "This is not about buyers' remorse. This is about consumers' rights."

Novare is appealing a ruling by the Georgia Court of Appeals, which reversed a Fulton judge's decision to dismiss the lawsuit.

About the Author

Bill Rankin has been an AJC reporter for more than 30 years. His father, Jim Rankin, worked as an editor for the newspaper for 26 years, retiring in 1986. Bill has primarily covered the state’s court system, doing all he can do to keep the scales of justice on an even keel. Since 2015, he has been the host of the newspaper’s Breakdown podcast.

More Stories