Brian Vanderhoff's North Fulton Real Estate Blog: Wellstone threatens Forsyth County with $100 million lawsuit

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Wednesday, October 10, 2007

Wellstone threatens Forsyth County with $100 million lawsuit

Commissioners given one month to reverse Lanier Golf Course decision
by Logan Thomas



October 10, 2007
A developer recently threatened Forsyth County with a $100 million lawsuit after the denial of a request to develop Lanier Golf Course.



Wellstone LLC presented Forsyth County Commissioners an Oct. 4 letter claiming damages in excess of $100 million if the decision is not reversed and "satisfactory action" is not taken by Nov. 4.



"We are simply taking the only course open to us and that is to seek redress through the courts," said Wellstone President and CEO John Lowery.



The commissioners unanimously denied the development request on Sept. 20 in front of a packed meeting room at the Forsyth County Administration Building. Wellstone's request was to transform the 172-acre golf course into a site with more than 700 residences.



According to the Oct. 4 letter, Wellstone is charged that Forsyth County "arbitrarily and capriciously denied Wellstone's zoning application."



The Forsyth County Planning Commissioner previously voted 3-2 on Aug. 28 to recommend the denial of the request.



Commissioners cited several reasons for the Sept. 20 decision including traffic, environmental and aesthetic issues.



Lowery said Sept. 20 that the denial was voted upon even after an alternate development plan was offered that would have preserved course views for 95 percent of the existing homes that currently enjoy those views and provide for some 400 single-family homes and town homes.



"While we had hoped that this could be resolved through a give-and-take discussion with citizens and commissioners," Lowery said following the Sept. 20 decision, "we are absolutely confident that the courts will rule in favor of our petition."



Lanier Golf Course closed its doors earlier this month because owners said it was "no longer feasible" to stay in business. The Lanier Golf Club opened in 1970 as a private, 18-hole course. Dwindling membership was cited as the main reason for closing the course.



Owners notified club members in January 2006 of their intentions to sell the property saying the operation was losing money. The club's status changed to a public, pay-for-play course in January 2007.



Though the course is now closed to the public and "No Trespassing" signs have been posted throughout the property, a few individuals who prepaid for golf privileges through Sept. 30 were allowed to play.



The initial development proposal from Wellstone was made more than a year ago. Many residents attended a July 9 public hearing and the Aug. 28 meeting of the Forsyth County Planning Commission to protest the project.



The proposed development, Wellstone Club at Lanier, would have featured more than 700 residences including 103 single family residences, 369 townhomes, and a 300-unit continuing care retirement community.

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