The lawsuit stems from plans for the construction of a 64-unit subdivision named Summit at Monte Sano. Seven residents who live near the wooded area where the subdivision would be built brought the lawsuit.
While the lawsuit focuses on rezoning ordinances, the city responds in its motion that “Alabama law grants municipalities plenary zoning authority, including the authority to amend zoning ordinances as they see fit.”
– developed by Colorado-based See Forever Development Partners, which has also been named a defendant in the lawsuit. The website for the development touts plans for a “luxury housing” neighborhood. Huntsville attorneys David Canupp and Allison Chandler filed the motion to dismiss on behalf of the city. The developers have not made a filing in the case yet.
The motion to dismiss goes on to say that the plaintiffs “do not allege that they own any of the property that was rezoned, nor do they identify any present violation or deprivation of any legally recognized right .”
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