A Huntsville developer claims it is being treated differently than others who have violated tree cutting regulations on Green Mountain.
Diltina Development Corporation is making that claim in a lawsuit filed on Aug. 26 in Madison County Circuit Court against the city of Huntsville, the Board of Zoning Adjustments and two members of its board. The developer is suing because the city is withholding building permits and certificates of occupancy over violations of tree cutting regulations in the development of two subdivisions on the mountain.
It is the fourth lawsuit the developer has filed against the city in appealing decisions by BOZA not to accept remedies Diltina offered in response to the violations during the development of the Estates at Wade Point and Sunset on Green Mountain. One appeal is set for trial on Feb. 23 and the other two on March 9.
During the March 18 BOZA meeting, Diltina representative Alex Maxwell acknowledged the developer knowingly allowed trees to be cut down in violation of city regulations to give Estates at Wade Point a better view, according to the board’s minutes. Trees were also cut in an area marked “do not disturb” during work on Sunset on Green Mountain…