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.
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