Huntsville, September 23, 2025
News Summary
Diltina Development Corporation has initiated a lawsuit against the city of Huntsville, alleging discrimination in the enforcement of tree cutting regulations on Green Mountain. The company claims it faces harsher treatment compared to other developers, resulting in withheld building permits for its subdivisions. This lawsuit represents the fourth action Diltina has taken in response to repeated rejections of its appeals by the Board of Zoning Adjustments. Trials are scheduled to address these issues in early next year.
Huntsville – Diltina Development Corporation has filed a lawsuit against the city of Huntsville, the Board of Zoning Adjustments (BOZA), and two members of the board alleging discrimination in how tree cutting violations are enforced. The complaint, submitted to the Madison County Circuit Court on August 26, claims that Diltina is facing harsher treatment compared to other developers concerning tree cutting regulations on Green Mountain.
The city has withheld building permits and certificates of occupancy for Diltina’s subdivisions—Estates at Wade Point and Sunset on Green Mountain—due to these alleged violations. This lawsuit marks the fourth such action Diltina has initiated in response to BOZA’s decisions, which have repeatedly rejected the company’s appeals for remedying the violations. Trials pertaining to Diltina’s appeals are scheduled for February 23 and March 9 of next year.
During a BOZA meeting in March, a Diltina representative admitted to knowingly permitting trees to be cut down to enhance views from Estates at Wade Point. Trees were felled in areas marked as “do not disturb” during the development of Sunset on Green Mountain. The city’s regulations regarding tree cutting are intended to mitigate stormwater runoff, prevent erosion, and address irrigation concerns.
Diltina argues that it is not alone facing violations on Green Mountain and has pointed to other instances where the city has granted variances for similar cases. They noted an example from 2021 in Jones Valley, where a remedy involved the replanting of native trees. Furthermore, Diltina claims that individual landowners were provided relief after clear-cutting trees in the same area.
According to city officials, Diltina has violated slope regulations after selling lots in both subdivisions, resulting in the withholding of building permits for a completed residential home valued at $1.2 million. This situation is causing Diltina to incur significant daily carrying costs related to that property. Moreover, the company contends that a property owner with ties to the city received a certificate of occupancy while others are still waiting, affected by Diltina’s alleged violations.
In a separate legal matter, Diltina is facing a lawsuit filed by landowners Beire and Shayna Castro, who have been unable to construct their home due to these violations. The Castros are alleging fraud and misrepresentation against Diltina. Diltina, however, maintains that the Castros were aware of possible building delays when they purchased their property and has sought to have their claims dismissed. A recent hearing regarding the Castros’ lawsuit took place, but no ruling has been reached as of yet.
At the March BOZA meeting, members expressed their dissatisfaction regarding the lack of adequate punitive measures to deter future violations. The city asserts that BOZA holds the authority to decline requested variances and argues that appeals should not be handled in circuit court.
Non-compliance with tree cutting regulations can result in severe penalties, including substantial fines and necessary remediation plans. Developers face individual charges of $500 for each violation, with each day of non-compliance considered a separate offense. The city also announced plans to revise its slope development district regulations.
On May 20, the Castros proceeded with their lawsuit after discovering zoning issues that impacted their property, which was initially advertised for having a “bluff view.” They are seeking a complete refund along with compensation for damages incurred after investing significant resources into the property and building materials. A city official indicated that measures, including the suspension of building permits for developers who violate regulations, are part of the punitive actions in such cases.
FAQ
What is the basis of the lawsuit filed by Diltina Development Corporation?
The lawsuit claims the city is treating Diltina differently than other developers regarding tree cutting violations on Green Mountain.
What specific violations has Diltina faced that led to the withholding of permits?
The city has withheld building permits and certificates of occupancy for subdivisions due to violations of tree cutting regulations.
How many lawsuits has Diltina filed regarding this matter?
This lawsuit is the fourth that Diltina has filed in response to BOZA’s decisions rejecting their proposed remedies for the violations.
What specific penalties can developers face for violating tree cutting regulations?
Non-compliance with tree cutting regulations can lead to penalties ranging from hefty fines to court costs and remediation plans.
Deeper Dive: News & Info About This Topic
HERE Resources
Lawsuit Filed Over Tree Cutting Violations in Huntsville
Additional Resources
- AL.com: Hearing Set for Lawsuit Over Huntsville Tree Cutting Violations
- Wikipedia: Huntsville, Alabama
- AL.com: Huntsville Developer Claims Unfair Enforcement of Green Mountain Tree Regulations
- Encyclopedia Britannica: Huntsville
- AL.com: Developer Takes Huntsville to Court Over Its Tree Cutting Violations on Green Mountain
- Google Search: Huntsville tree cutting regulations
- AL.com: Huntsville Couple Agreed to Pay $250K for a Lot with a Bluff View, Now They Can’t Build Their Home
- Google News: Huntsville tree cutting lawsuit
Author: STAFF HERE HUNTSVILLE WRITER
The HUNTSVILLE STAFF WRITER represents the experienced team at HEREHuntsville.com, your go-to source for actionable local news and information in Huntsville, Madison County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Panoply Arts Festival, Rocket City Brewfest, and Huntsville Comic & Pop Culture Expo. Our coverage extends to key organizations like the Huntsville/Madison County Chamber of Commerce and HudsonAlpha Institute for Biotechnology, plus leading businesses in aerospace, defense, and manufacturing that power the local economy such as Boeing, SAIC, and Mazda Toyota Manufacturing. As part of the broader HERE network, including HEREBirmingham.com, we provide comprehensive, credible insights into Alabama's dynamic landscape.
