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ATLANTA-At first glance, the six-month fight developer Emory Morsberger is having with Gwinnett County commissioners over a rezoning application appears routine. But area brokers following the controversy tell GlobeSt.com the county’s decision to deny the rezoning solely on grounds the project might cause school overcrowding could set an anti-development precedent throughout the entire state.

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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