Monday, November 17, 2014

Anniston Attorney loses zoning fight



Anniston attorney Doug Mooneyham lost an effort to keep his law office open in  a home at 1505 Christine Ave.in the citys residential Historic District.
Calhoun County Circuit Judge Debra Jones ruled Thursday dismissing Mooneyham's case against the city of Anniston. He’d sought a zoning variance so that he could have stayed in that Christine Avenue home, which is zoned as a mature residential district.
Before Mooneyham bought the home in September 2012, city staff mistakenly told him the property was zoned residential office, an error the city has since said was the result of an incorrectly labeled zoning map, according to court filings.
Jones’ ruling means the city will have to enforce the zoning ordinance and Mooneyham’s law office will have to move.
Several neighbors on Christine avenue expressed unhappiness after Mooneyham opened his office, citing a potential drop in property values and the unsightly slab of concrete Mooneyham had poured to turn the front yard into a parking lot. 
Jones wrote in her ruling that the city erred when telling Mooneyham the property was zoned for his business, and that mistake resulted in damages to both Mooneyham and the residents living in the historic district, but that giving Mooneyham a variance would be “contrary to public interest.”
Mooneyham will be asking for compensation because of the city’s mistake, according to his attorney.
Mooneyham bought the property for about $125,000 and spent  between $25,000 and $50,000 on improvements,. There is also the cost of buying new property for his law office while still carrying debt from the Christine Avenue home as he tries to sell the property.

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