Albertville's newest coffee shop can move forward with plans to open soon after a zoning lawsuit concerning the property was dismissed last week.
Albertville resident Bonnie Callahan sued the mayor and city council in August over a proposal to rezone the 400 East Main Street home near downtown. Callahan and many other residents in the surrounding neighborhood opposed rezoning the home as retail for a coffee shop, arguing it was in a historic district and would negatively impact the community's value and atmosphere.
Callahan further argued that Albertville Councilman Ray Kennamer had a conflict of interest in approving the rezoning since the home belonged to his family through his company, RKC Properties, and that his daughter, Kelly Godwin, was on the City's planning commission that made the initial rezoning recommendation. Both Kennamer and Godwin abstained from voting on the issue, and the city denied the two had any involvement in the process.
On November 4, the city council took a second vote on rezoning the property, which was approved. Council president Nathan Broadhurst said the council followed the proper procedures and took great care in considering the zoning issue.
"Before voting on the new rezoning, in an abundance of caution, I obtained an informal opinion from the ethics commission that stated, 'Based on the facts presented, the Ethics Act does not prohibit you from voting or participating in discussions regarding the zoning of the property in question,'" Broadhurst said.
Still, Callahan said the City is going against the will of the people.
"This particular rezoning error was only compounded by the fact that this property is owned by a city councilman and his family. You'd think an upstanding Christian family would want this transaction to be legal in every way," Callahan said. "...This standard of exception after exception after exception is not applied to all citizens, according to the city's own records."
Broadhurst said Judge Chris Able's ruling rendering the lawsuit moot also effectively dismisses a related ethics complaint brought against the city earlier this year regarding the coffee shop.
Local pastor David McMillen, who has acted as a spokesman for those against the rezoning, also felt the city was working contrary to the community's wishes. He said the lawsuit is already being refiled.
Despite some residents' concerns, the coffee shop Taste and See has garnered some positive reactions online.
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