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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