The Hale Foundation filed a motion Feb. 8 asking that a certiorari hearing occur on the next convenient date in the controversial three-year-old case against the city of Augusta.
The latest litigation stems from Hale Foundation’s August 18, 2020, request that the Augusta/Richmond County Commission grant a special zoning exception for donated property located 3042 Eagle Drive.
[adrotate banner=”13″]
Hale Foundation intended to establish a voluntary in-patient medical treatment center exclusively for first responders. The Commission denied the request in spite of the County Planning Commission’s recommendation to approve it.
Hale Foundation filed an appeal in Superior Court last September arguing that the commission ignored submitted evidence and instead “only considered the discriminatory requests of Petitioner’s neighbors who asked that a medical treatment facility not be placed in their backyard,” according to court documents.
Legally, an appeal must be sanctioned by a court within 30 days of the initial decision. The case will be presented to the court without a jury.
Richmond County Superior Court scheduled a hearing for February 4, 2021. Hale Foundation received notice Feb. 3 at approximately 6 p.m. that the City asked the federal court to hear the case instead, according to court documents.
The property at the heart of the controversy has a history of rezoning requests. It was used as a convent by the Order of St. Helena for over 40 years after the commission granted a special rezoning exception. Another approval rezoned it for use as a monastery in 2017.
[adrotate banner=”20″]
The Hale Foundation originally applied for a special exception for a rehabilitative center June 29, 2018. The Commission denied the request due to lack of access through Augusta Technical College’s property. The proposal failed to get the Commission’s vote again April 30, 2019. The Hale Foundation reapplied November 2019, requesting rezoning for an alcohol, drug and post-traumatic stress disorder treatment center exclusive to first responders.
At a public hearing August 3, 2020, residents of the Green Meadows neighborhood voiced opposition to the rezoning request.
Local attorney Christopher Cosper filed the motion on behalf of The Hale Foundation. Atlanta- based attorneys Freeman Mathis & Gary, LL represent the city. The lawsuit names Mayor Hardie Davis Jr. Commissioners William Fennoy, Dennis Williams, Mary Davis, Sammie Sias, Bobby Williams, Ben Hasan, Sean Frantom, Brandon Garrett, Marion Williams, and John Clarke are also named as defendants
Shellie Smitley is a staff writer for The Augusta Press. Reach her at shellie@theaugustapress.com
[adrotate banner=”45″]
