A concerned Albertville resident has filed a lawsuit against the city government over its decision to rezone a residential property inside the local historic district for a coffee shop business.
Bonnie Callahan filed the suit on August 16 as the sole plaintiff on "behalf of all similarly situated citizens of Albertville." The defendants are listed as Mayor Tracy Honea and council members Nathan Broadhurst, Ray Kennamer, Charles Bailey and Ben McGowan.
On May 6, the city council, absent councilwoman Jill Oakley, approved a resolution to rezone a residential home located at 400 East Main Street from R-1 to B-1. The suit claims the city failed to give proper notice of the public hearing about the rezoning issue before it was approved. However, the City said it is not legally required to advertise public notices in the local newspaper, The Sand Mountain Reporter, since it is no longer printed inside the city limits.
Councilman Kennamer owns the property through his company, RKC Properties. His daughter, Kelly Godwin, who is on the local Planning Commission that recommended the rezoning to the city council, had been living at the residence. Kennamer plans to use the property for a coffee shop.
Both Kennamer and Godwin abstained from voting on the issue, and the City denied the two had any involvement in the process. Still, an ethics complaint was filed with the state in June alleging a conflict of interest given Kennamer’s and Godwin’s connections to the city. The complaint also took issue with rezoning in a historic neighborhood.
“Rezoning 400 East Main Street, a single-family residence built in 1927 from R-1 to B-1 illustrated the city council’s abuse of discretion and total disregard for their official responsibilities inherent in the office of public trust,” the complaint stated.
The rezoning agreement stipulates that the property will revert to R-1 residential if Kennamer ever decides to sell, a measure Callahan said in her complaint was “a slim attempt to pacify public opinion.”
However, Callahan's lawsuit only mentions the council's alleged failure to give public notice and asks the court for a declaratory judgment and injunctive relief by voiding the rezoning resolution and barring any alterations or future rezoning attempts of the property.
“I pray this complaint lands as a wake-up call, not as condemnation," Callahan told 1819 News. "… As a generational Albertvillian born and raised, I want our city to be safe, progressive, beautiful, welcoming and radiate as a wonderful place for all to live, work and raise a family. These are true human values my family shares with everyone.”
To connect with the story's author or comment, email daniel.taylor@1819news.com or find him on X and Facebook.
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