NEWTON COUNTY – A Newton County Superior Court judge has upheld a zoning decision made by the Newton County Board of Commissioners (BOC) just over a year ago.
Property owner Sockwell Corners LLC, as well as developers Integral Enterprises and Ed Hutter, sued Newton County in August 2024 after the BOC denied a rezoning request for a planned 158-acre mixed-use development in eastern Newton County.
The developers sought to rezone the land from its existing zoning of Agricultural-Residential (AR) to a Community Oriented Residential District. The proposal was a mixed-use development with 610 residential units split up into 294 single-family detached homes, 146 townhome units and 180 condominiums. Amenities included three green spaces with a recreational area that includes a clubhouse, pool, tennis courts and a soccer field.
According to the court filing, the intent was for the current owner Sockwell Corners to sell the property to Integral Enterprises to develop the land.
Commissioners unanimously denied the request during their July 16, 2024 meeting, leading to the lawsuit.
In the initial filing, the plaintiffs argued that Newton County’s ruling was “unconstitutional” on several fronts. Additionally, they contended that the current AR zoning of the land makes it "unmarketable,” as the AR zoning sets a two-acre, low-density minimum lot size for residential development.
However, Superior Court Judge Cheveda McCamy ruled against the plaintiff’s claims.
McCamy said that the AR zoning designation of the property is consistent with surrounding properties in the area. She also stated that the plaintiffs failed to claim that the property value had diminished or will diminish due to the existing zoning designation.
The ruling also cited eastern Newton County’s rural makeup as a whole.
“The Property is zoned AR, which is considered appropriate in the Emerging Suburban Character Area,” per page 7 of the ruling. “The County articulates a variety of goals for this area in the Comprehensive Plan, including "[f]ostering smart growth that protects Newton County's smalltown sense of place. The development proposed in Plaintiffs' Application would disrupt the
small-town sense of place in eastern Newton County by introducing a high-density mixed-use
development to an otherwise rural area.”
District 1 Commissioner Stan Edwards shared thoughts from Newton County’s legal team Jarrard & Davis via his Facebook page on Monday morning.
"We are very pleased to report that Judge McCamy has issued her ruling in the Sockwell Corners zoning lawsuit finding in favor of the County on all counts,” Jarrard & Davis wrote.
It is unclear if the plaintiffs will seek to appeal the ruling.
