VALDOSTA – Lowndes County is facing a lawsuit following the denial of a zoning request for a rural Dollar General.

Teramore Development, LLC and Mary Harris, owner of the property at the center of the request, filed an appeal against the Lowndes County Commission in Lowndes County Superior Court due to what they are calling an “unconstitutional“ ruling against rezoning the area from agricultural estate to crossroads-commercial.

Residents in the area publicly opposed the Dollar General proposed for Highway 122 at Skipper Bridge Road. Commissioners rejected the zoning request earlier this year.

At the initial Greater Lowndes Planning Commission meeting last month, multiple residents spoke in opposition, which led the GLPC to ultimately recommend denial of the request 7-1. However, the technical review committee considered the request and had no objectionable comments based on the conceptual site plan, and zoning staff recommended approval.

The plaintiffs claim the County Commission disregarded “disregarded” its own procedural requirements for considering applications for rezoning by ignoring planning staff’s recommendations, evidence supporting their petition and codes relating to the Unified Development Land Code.

“Instead of evaluating the evidence presented and adhering to the constitutionally mandated criteria for a zoning decision, members of the Board relied on the recommendation for denial made by the Greater Lowndes Planning Commission … which was based upon erroneously legal grounds and the generalized and speculative public comments of citizens in opposition of the Rezoning Application,” according to the lawsuit.

The suit further claims “the Board’s actions were an abuse of its police and zoning powers” and a violation of due process due to a lack of discussion with planning staff.

The suit also alleges the denial of rezoning violated the Equal Protections clauses in the state and federal constitutions as well as a “taking of a property without compensation.”

Both plaintiffs request the property’s existing E-A zoning be declared unconstitutional and to allow “a reasonable economic use of the property, and grant such other relief in favor of Plaintiffs as the Court sees fit.”

In a statement to The Valdosta Daily Times, county attorney Walter Elliot said the case is currently pending.