Huntsville construction dispute heading to court

Published: Jul. 12, 2021 at 7:30 PM CDT
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HUNTSVILLE, Ala. (WAFF) - There’s a growing need for homes in Madison County with continued growth.

One developer’s plan to build new homes in a Huntsville neighborhood has folks who live nearby, upset.

The neighbors are now taking their fight to court.

More than 100 people in the Piedmont community of Huntsville have signed a petition asking the city of Huntsville, to prevent the owner of the lot on Wingate Avenue and Hastings Road, from building two homes.

They say it breaks the rules.

“It’s a zoning versus a covenants argument. Our covenants specifically restricted against dividing a lot. However, the city has zoning ordinances, and it works within the zoning ordinance. Our covenants are much more restrictive,” said concerned neighbor Suzanne Koehler.

Suzanne is just one neighbor in the Piedmont community of Huntsville, who reached out to attorney Paul Killian for help.

“The plan that was proposed to the city, or has been submitted to the city that we sued over, divides a single lot into two roughly 65 foot wide lots. There are restrictions that require a minimum of 85 foot lot widths. So the plan just don’t comply with the restrictions,” said Attorney Paul Killian.

The fight over what to do with the land will go to the Madison County Courthouse Tuesday, July 13th.

The neighbors have a hearing where they’re asking a judge for a temporary restraining order to prevent the city, from approving the land developers plans during a meeting on Wednesday.

When the Madison County judge makes her decision, we will let you know the outcome.

We reached out to the property owner today.

He did not return our calls.

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