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Schumacher v. City of Roswell

The plaintiffs' appeal was from the superior court's review of a local government zoning decision, and they were therefore required to appeal by discretionary application under O.C.G.A. § 5-6-35 subsection a 1, rather than the direct appeal they filed.

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Eric Shumacher and Mike Nyden, who are residents and residential property owners in the City of Roswell the City, brought this action for declaratory and injunctive relief in the Superior Court of Fulton County to challenge the City’s approval of a new zoning ordinance and map that rezoned their respective properties. After the superior court granted the City’s motion for judgment on the pleadings and denied the plaintiffs’ request for an interlocutory injunction as moot, the plaintiffs filed this direct appeal. Because the plaintiffs were required to appeal by discretionary application, we dismiss this appeal for lack of jurisdiction.

As reflected in the pleadings and attached exhibits, the plaintiffs are citizens and taxpayers of the City and own residential real property located there. In February 2014, after conducting two public meetings, the Council of the City of Roswell the City Council approved a new zoning ordinance called the Unified Development Code UDC and a new zoning map. The UDC substantially replaced the City’s existing zoning ordinance and rezoned the plaintiffs’ properties.

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