GAINESVILLE -- Grant Smereczynsky is hoping the third time's the charm in his ongoing battle against the city of Gainesville.
The owner of Building Systems Network has been in and out of court with the city since officials forced him to stop building a modular home in 2005. On Dec. 21, Smereczynsky filed a third suit against the city in Hall County Superior court.
He claims Gainesville officials violated his civil right to practice interstate commerce as well as a state law that encourages reducing construction costs. The city's attorney, Dana Maine of the Atlanta firm Freeman, Mathis and Gary, argues that city officials are within their rights and, so far, the courts have agreed.
In early 2005, Smereczynsky started assembling a modular home at 2668 Waters Edge Drive. The city halted the construction in March 2005 before the house was completed, and ordered Smereczynsky to remove it. The city cited a local ordinance that bans prefabricated homes in single-family subdivisions.
Smereczynsky asked the city to rezone the property to allow him to complete the assembly of the modular home, which was built in a North Carolina factory. When officials denied his request, Smereczynsky took the city to court.
"The city has eliminated a housing choice for the city," Smereczynsky said. "They're not giving (people) the right to choose."
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