Sonic rejection results in suit
Related: Suit
The case was filed in Montgomery Count Circuit Court.
On June 10, Town Council voted 4-3 to reject a special use permit request required for the fast food outlet's construction.
Some council members and town residents raised concern over the possibility of noise and light pollution. Others, including Mayor Ron Rordam, did not see an issue with Sonic going in South Main Street.
"I walked up to what I assume is the property line, and I couldn't hear anything," Rordam said. "I'm not crazy about a Sonic, but I see no reason to deny the application."
Fairmount alleges that Town Council's ruling was not fair, but instead a result of the reaction to the proposed big-box store which will anchor the development.
"In denying a special use permit, the Town Council has unlawfully discriminated against plaintiffs. Its action was arbitrary, capricious and unreasonable. And it bore no substantial to public health, safety and welfare," according to the suit.
The Council granted a special permit to Wendy's, located across the street.
