Marietta City Councilman Philip Goldstein has filed for an injunction in Cobb Superior Court against the city and the seven-member council that includes him to allow Goldstein to build a five-story building on Marietta Square.
The 30-year council member filed suit on Wednesday. Judge George Kreeger is scheduled to hear the issue in late May.
Goldstein’s issue with the city began after the council in March approved lowering the building height limit around Marietta Square from 85 feet to 54 feet. The councilman, a majority property owner in downtown Marietta, argues the city should honor a three-year building certificate he received from the city’s Historic Board of Review in 2008 to replace a two-story building he owned with a taller one.
The councilman had the Cuthbertson building on North Park Square razed in November and is facing a Sept. 15 deadline to begin construction on its replacement. With the time constraints, Goldstein is also asking the court to halt the permit expiration date until the matter is settled, including an appeal.
Marietta Mayor Steve Tumlin said he doesn’t believe the property should be grandfathered and Goldstein's legal challenge is at odds with his duties as a council member. The mayor said Goldstein presents a conflict of interest.
“It is my opinion that he has a fiduciary duty to serve the city; he can’t do that in an adversarial relationship,” Tumlin said. “He puts us all in jeopardy. He should step down.”
Goldstein decided on a legal challenge because the city hadn’t answered his questions about approving the 2008 certificate.
“The city’s recalcitrance forced the issue to provide the answer in court ,” Goldstein said. “Unfortunately the taxpayers of Marietta will unnecessarily incur legal fees.”
Marietta hired the law firm Freeman, Mathis & Gary to handle the councilman's legal challenge. Goldstein, who retained the law firm of Hallman & Wingate, said he expects the city to pay his legal fees if the court finds in his favor.
About the Author
