The suit claims the county government violated zoning procedures when it granted a rezoning request to the baseball franchise.
The case was filed Aug. 12 by Doug Haynie, attorney for the city of Marietta, Daniel White, Haynie’s partner at Marietta-based Haynie, Litchfield, Crane & White, and George Butler II, a Dahlonega-based real estate lawyer, on behalf of Fairly Breezy LLC.
The company owns about 2 acres of property adjacent to the 74.77 acre tract where the Braves plan on building a new $672 million stadium and a $400 million mixed-use development.
The suit names Cobb County, the Board of Commissioners and the Braves as defendants, among others.
Butler described the essence of the suit to the MDJ on Aug. 15.
“It is our respectful opinion that by the time the board got around to voting on the zoning, they had in essence effectively committed themselves to the outcome. And the extraordinary zoning carte blanche that they gave the Braves reflects the public-private partnership that we think Cobb County unconstitutionally gave to the Braves,” he said.
No trial date has been set, according to the clerk’s office.