Brookhaven to appeal multimillion dollar verdict in development lawsuit

The city of Brookhaven has authorized its attorneys to push back against a high-profile verdict.

The city argues their leaders acted appropriately while negotiating and rezoning these homes near Buford Highway and Bramblewood Drive for a now defunct deal.

Atlanta-based Ardent planned on turning the houses into more than 200 townhomes on this 17-acre plot of land, which would've required the city to abandon a road that got in the development's way.

A lengthy lawsuit filed by Ardent says the city dragged their feet in that process, became interested in some of that land for a police station and demanded an unethical payoff.

BROOKHAVEN ORDERED TO PAY MILLIONS OVER MISHANDLED DEVELOPMENT DEAL

"We almost had a deal. But in the end, they said we have to get a ‘claw-back.’ Their term, not mine. If you sell the property within four years, we get 50%," Ardent attorney Simon Bloom said.

The first week of March of this year, a DeKalb County jury ordered Brookhaven's mayor and the city manager to pay more than $6 million worth of damages. 

Mayor Pro Tem Linley Jones issued this statement Tuesday:

"The City believes that the actions taken by the City in the Ardent development matter were proper and in the City’s best interest, thus the City disagrees with the verdict and supports its officials and employees. Ardent did not and does not have the right to make any city sell it a street. The City is appealing and otherwise challenging this verdict.

"During this time, please understand that comments and statements on pending litigation from Brookhaven officials and staff are limited by legal counsel."

Ardent attorney Bloom says he welcomes the reconsideration.

"Appeals are based on errors," he said. "They'll be hard-pressed to find an error."

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