Marietta councilman loses suit against city

Cobb County Superior Court Judge George Kreeger on Tuesday dropped a lawsuit by Marietta Councilman Philip Goldstein over building heights on the town square.

City Manager Bill Bruton said the order denies all relief requested by Goldstein and dismisses the suit.

Goldstein filed for an injunction on April 27 against the city and the seven-member council he serves on. The businessman, who owns most of the property downtown, wanted to construct a five-story building on the square. He argued that the city should honor a certificate he received three years ago to replace a two-story building he owned with a taller one. The council lowered the maximum height for downtown buildings to 54 feet in March.

Goldstein is facing a Sept. 15 deadline to begin construction on the property.