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Rabun County v. Mountain Creeks Estates LLC

The county was entitled to immunity with regard to a subdivision's claim for damages arising out of the county's refusal to accept ownership of the subdivision's roads, because the subdivision did not raise a viable inverse condemnation claim.

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After Rabun County refused to accept ownership of the roads in a subdivision that Mountain Creek Estates, LLC, had developed, Mountain Creek filed this action, claiming that the County’s refusal was improper under the Rabun County Zoning Ordinance and Subdivision Regulations. Mountain Creek sought both monetary damages and mandamus relief in the form of an order requiring the County to accept ownership of the roads. In its defense, the County contended that it was not obligated to accept the roads because they did not comply with specifications for shoulder width set forth in the Ordinance. On February 23, 2005, a jury returned a verdict specifically finding that Mountain Creek had complied with the county’s subdivision requirements in the construction of its roads and that the county had unreasonably withheld approval of the roads. The jury awarded $472,280 in favor of Mountain Creek based on its claim of inverse condemnation. The trial court also granted mandamus relief, ordering the county to accept ownership of Mountain Creek’s roads. On April 6, 2005, the trial court awarded Mountain Creek $15,000 in attorney fees under OCGA § 9-15-14. In Case No. S06A0042, the county contests the award of damages and mandamus relief, and in Case No. S06A0043, the county contests the award of attorney fees.

S06A0042

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