The city of

Fayetteville is being sued over a decision from City Council that, a land

owner alleges, caused him to miss out on a chance to sell his property

to a national tire chain.

Council had

denied a special exception request from Larry Lynn for his property at

the corner of Ga. Highway 54 and LeMans Drive. The exception was necessary

since the city's zoning ordinance requires such exceptions for "automotive

repair facilities" to locate on property zoned C-3 (highway commercial).

In the suit,

Lynn alleges that the proposed tire store on the property is not an auto

repair facility. Big 10 Tires had signed a contract to purchase the property,

but later the company backed out after council denied the special exception

request, the suit states.

Before the

request was denied by council, Lynn's attorney, George Rosenzweig, argued

that the request is proper for the zoning and other conditions on the

site and in the area.

In the suit,

Lynn is asking the court to force council to give him a special exception

for the property.

The proposed

store would have encompassed more than 5,500 square feet, with approximately

1,000 square feet in the showroom and waiting room and an additional 1,500

square feet of storage space. The remainder of the space would have been

used for tire installation bays.

The city's

Planning and Zoning Commission had recommended that the special exception

request be denied based on the proposed use's incompatibility with the

city's future land use plan.

The suit alleges

that the future land use plan is unconstitutional.