The Fayette

County Board of Commissioners is being sued over its decision to deny

a rezoning for a 77-acre subdivision on Spear Road that would have 23

single-family homes on three-acre lots.

Spear Road

LLC filed the suit Friday to appeal the commission's denial of the rezoning,

which was handed down at its regular meeting Sept. 28. The company is

asking the court to force the commission to adopt its proposed amendment

to the county zoning map, which would change the property's zoning from

A-R to R-85.

The court also

is being asked to declare several key county zoning documents unconstitutional,

including the land use plan, the zoning ordinance and the comprehensive

growth management plan.

When the rezoning

request was denied, commissioners claimed adopting it would amount to

spot zoning. A number of homeowners on Spear Road also attended the meeting

to protest on grounds that the subdivision could harm the nearby environment,

particularly a pond and swamp area.

Newnan attorney

Sara Evans, who represented local developer Mukut Gupta at the meeting,

said the proposed development was consistent with the county's land use

plan, would not cause a serious impact on roads, utilities and schools,

and would provide a transitional property to nearby residential developments.