The county denied Morsberger's request in June. But now local elected officials have decided to take a second look at the rezoning application. Morsberger wants to develop Mountain View Village, a multi-million-dollar, mixed-use venture near suburban Snellville that would include 135 townhomes, 20 lofts, 30 single-family homes and an undetermined amount of office, retail and restaurants.

Morsberger, a metro area developer for the past 20 years, is asking a Georgia Superior Court to overturn the county's June denial decision on the rezoning. Morsberger argues in court-filed papers the school crowding issue is not relevant or legal as a reason for rejecting his application, brokers intimate with the case tell GlobeSt.com.

One of the metro area's high-profile developers, Morsberger won headlines recently when the City of Atlanta selected his team over two other finalists to purchase and redevelop the two-million-sf, 75% vacant, 77-year-old former Sears Roebuck Co. catalog warehouse on Ponce de Leon Avenue.

The city is negotiating the final purchase price but insiders say the tag will be about $15 million or $7.50 per sf, as GlobeSt.com previously reported.

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