We granted the application of Benjamin Sinclair Hollberg “Sinclair”1 for discretionary appeal of the order granting summary judgment to Spalding County, Spalding County Board of Commissioners “Board”, and Wilma A. Hollberg “Wilma”, to review the trial court’s ruling that Sinclair lacks standing to challenge the approval of a special exception to a local zoning ordinance permitting a residential development on Wilma’s adjoining property. We affirm, but clarify that a devisee of real property may have standing to challenge a zoning decision even though his title is inchoate. Wilma, who is married to Sinclair’s brother, Douglas, owns 142.98 acres of land contiguous to property currently owned in fee simple by Sinclair. Sinclair’s property, which includes a 20-acre tract and a 92-acre tract, is known as “Double Cabins Plantation” and has been in the Hollberg family since 1839. The home place was built in 1842 and is listed in the National Register of Historic Places. In 1994, Sinclair’s mother, Emma Walker Hollberg, began operating a bed and breakfast in the main house on the smaller tract. Guests of the bed and breakfast observed the wildlife and hunted deer and turkey on the plantation.
Emma died on September 30, 2003, having devised a life estate in the 20-acre tract to Sinclair with the remainder to Sinclair’s son. Emma devised the 92-acre tract jointly to Sinclair and a second brother, Jerry Hollberg. Sinclair and Jerry were named co-executors of Emma’s estate, but disputes arose, and an administrator was appointed to settle the estate. The administrator assented to the devisee of the smaller tract in April 2005, and Sinclair’s son quitclaimed his interest in the property to Sinclair. Sinclair purchased Jerry’s interest in the larger tract, and the administrator deeded the tract to Sinclair in March 2005. Sinclair resides with his family in the main house.
