Eh, take race out of it, and it's a simple breach of contract case:
The Atlanta City Council approved an ordinance for “the requested development provided that the developer met the maintenance and access conditions,” the complaint states, arguing the responsibility for maintaining the cemetery lies with the HOA.
If the HOA got zoning permission to develop the adjacent property into townhomes contingent on their maintenance of the cemetery, the city council simply needs threaten to re-zone the area back to what it was. I'm sure they'll find a way to clean it up pretty quick when all those rich homeowners start filing lawsuits against the HOA/developer because they're in danger of losing their houses.
I'm fairly certain there's no way Georgia law would allow seizing of homesteads. it's very hard even for eminent domain. i should say as far as people's houses. Nobody lives at the cemetery, so they could seize that. The protections apply to people's homes.
Eh, take race out of it, and it's a simple breach of contract case:
If the HOA got zoning permission to develop the adjacent property into townhomes contingent on their maintenance of the cemetery, the city council simply needs threaten to re-zone the area back to what it was. I'm sure they'll find a way to clean it up pretty quick when all those rich homeowners start filing lawsuits against the HOA/developer because they're in danger of losing their houses.
I'm fairly certain there's no way Georgia law would allow seizing of homesteads. it's very hard even for eminent domain. i should say as far as people's houses. Nobody lives at the cemetery, so they could seize that. The protections apply to people's homes.