The City of Suwanee has won its appeal of a $1.8 million jury award to developers Settles Bridge Farm LLC, in a legal battle that dates to 2008.
In an opinion released Monday (February 18), the Georgia Supreme Court ruled that the developers filed their lawsuit prematurely, and that the case should have been dismissed and never come to trial.
“We agree with the City that Settles Bridge should have exhausted its administrative remedies prior to initiating litigation in this matter, and we therefore reverse the judgment entered against the City,” says the opinion, which was written by Chief Justice Carol Hunstein.
The Gwinnett Superior Court erred in finding that it would have been a “futile act” for Settles Bridge to apply for a special use permit, according to the Georgia high court.
In August 2011, a Gwinnett Superior Court jury sided with the developers in the lawsuit, which was filed in 2008, and awarded the developers $1.8 million. Judge Warren Davis later upheld the jury award.
For more on this article, visit Suwanee Patch.