Developer wants judge to block new Masquerade, says venue could be nuisance to subdivision

Homebuilder says nightlife spot could bring parking, noise, and other woes

Photo credit:
The Masquerade gave a fitting farewell to its longtime home earlier this month with a two-day festival. But the future of “Heaven,” “Hell,” and “Purgatory” in northwest Atlanta is now uncertain thanks to a lawsuit filed by a developer building a subdivision next to the new venue.

Brock Built, a well-known homebuilder constructing the WestTown subdivision across the street from the Masquerade’s new venue on Fairmont Road, is asking a judge to block the venue, saying noise, parking, and other issues could create a nuisance.

The developer is currently building WestTown, a 75-lot housing development, across the street. Homes will be priced from $550,000 to $650,000, the lawsuit says.

Brock Built attorney Brian Daughdrill says in a lawsuit filed on Aug. 17 in Fulton County Superior Court that if the new Masquerade moves ahead as planned, the venue will have an “immediate adverse impact on the price point and size of the homes contemplated for the subdivision and will interfere with the use and enjoyment of such property.” The Daily Report’s Greg Land first reported the news.

According to the lawsuit, at least four lots are under contract. Daughdrill claims that at two potential buyers for homes backed out when they learned about the Masquerade. One contract was terminated “in anticipation of the adverse effects” that could stem from the music venue.

The lawsuit claims that the Masquerade — several LLCs are named as defendants — has started the permitting process and says it is “alternatively, depending on which permit they are seeking,” planning to open and operate a “convention center” or a “recreation: eating and drinking establishment.” The lawsuit alleges the Masquerade is using different business categories to sidestep zoning, parking, and alcohol sales restrictions.

It also claims that “illicit and illegal conduct” by patrons entering and leaving the North Avenue venue and into nearby communities will “continue in the new location and will spill over into the surrounding neighborhood, including Brock Built’s new subdivision.”

“Plans for Defendant’s Proposed Venue call for the same type of acts, performances, and shows as in the Existing Venue which will draw the same patrons, crowds, and clientele as currently patron the Existing Venue,” the suit says. “Accordingly, it is reasonably certain that the noise violations, parking burdens, and other impacts will continue and be a nuisance to the homeowners in the WestTown subdivision on Defendants’ Property.” 

CL was awaiting comment from the Masquerade’s lawyer as we went to press. We’ll update if we hear word.

Brock Built is asking a judge to enjoin the “permitting, construction, and operation” of the venue. If not, Brock Built will “suffer losses in business, losses in customer relations, immediate adverse effects on its pricing and construction schedule and the continue sic loss of business.” It also wants the judge to determine which business category the Masquerade actually falls under for permitting.

Brock Built lawsuit against Masquerade in Atlanta by thomaswheatley on Scribd