Complaint against Elbert County housing development dismissed

Staff report
Posted 7/19/18

A judge has dismissed a lawsuit filed last fall that alleged Elbert County commissioners acted improperly when they approved a large housing development in the northwest portion of the county. The …

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Complaint against Elbert County housing development dismissed

Posted

A judge has dismissed a lawsuit filed last fall that alleged Elbert County commissioners acted improperly when they approved a large housing development in the northwest portion of the county.

The suit was dismissed July 11 after the developer of the Independence project and the two county residents who filed the complaint came to an agreement on landscaping changes, according to a news release issued by Elbert County government.

The residents who brought the complaint live on property adjacent to the development, which is located north of Hilltop Road, near the border with Douglas County.

Plans call for the Independence development to encompass about 900 homes on roughly 1,000 acres. County commissioners gave their approval of the development in September 2017, and the lawsuit was filed a few weeks after that.

The development has raised concerns about water, traffic and other issues among some county residents.

In the county's news release announcing the dismissal of the lawsuit, it said the developer, Craft/Bandera Acquisition Co., agreed to “provide a row of shrubbery adjacent to one existing home and placement of 15 pine trees on the development to provide some screening of the new homes from the plaintiffs' view. Additionally, Craft agreed to increase an open space buffer across from a plaintiff's home by 100 feet.”

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