First Circuit Rules on TND

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In a decision published last week, the First Circuit Court of Appeal upheld the lower court ruling on the Shoe Creek development. The lower court decision sided with the City of Central, which is allowing Shoe Creek to build a 250-unit apartment complex across Sullivan Road from Walmart, when the city's zoning code allows for only 42 apartments.
The suit was filed by three Central citizens who maintain that the City Council does not have the legal discretion to permit density that exceeds the limits set in Central's zoning code. The primary concern of the citizens is that if this ruling stands, the City Council will be allowed to override the zoning code for any development, and that other developers demand the same density allowances.