Morningstar Partners LLC, developers of the proposed 17-lot Franklin Woods subdivision, has filed suit against the town of Rocky Mount for denying waiver requests last month.

The company requested that the town council waive subdivision rules requiring a developer to provide sidewalks, to install curbs and gutters and the fee to extend water and sewer lines to the property on Bernard Road.

Unanimously, the town council denied each waiver in August after about half a dozen residents from the neighboring Franklin Heights subdivision complained of flooding and the effect the new development would have on them.

Jim Gilbert, a lawyer for Morningstar, said the waivers shouldn't be needed to proceed with construction. Gilbert believes the ordinances don't apply to the project because no new roads will be designed or built, as detailed in the ordinances. The subdivision will use current roads, so developers shouldn't have to build curbs and gutters, Gilbert said at the Aug. 11 town council meeting.

Filed earlier this month, the lawsuit asks that the court review the previous planning commission and town council proceedings and order the town to approve the waivers for the new subdivision.

The company also accuses the town of discriminating against the project, arbitrarily making the decision and ignoring facts.

According to Gilbert, as well as a report filed by the town's planning director, Paul Stockwell, installing curbs and gutters would aggravate the flooding problem in neighboring Franklin Heights because of increased runoff.

Also, none of the properties around the proposed subdivision has sidewalks or plans to include any. Based on the subdivision ordinance, Morningstar shouldn't have to provide sidewalks either, Gilbert argued.

Because the case is pending, "it's not in the town's best interest" to comment, Assistant Town Manager Matt Hankins said.

Town Attorney John Boitnott and Mayor Steve Angle did not return messages left Wednesday.

This is the second time the town council has addressed the waivers.

In 2007, the developers asked for the waivers and were denied.