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Massey v. Butts County

The plaintiff lacked standing to challenge the county board of zoning's grant of a building permit for a barn that allegedly violated certain setback zoning provisions, since he did not allege or show that he sustained special damages.

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David Massey brought suit against Butts County, the Butts County Board of Zoning Appeals, and Roy Reid, alleging that a barn constructed on Reid’s property violated certain zoning ordinances. Massey sought removal of the structure and a permanent injunction to ensure that any future improvement to Reid’s land comply with applicable zoning ordinances. The defendants moved to dismiss Massey’s petition. The trial court granted the motion, finding that Massey lacked standing since he had failed to demonstrate special damages. Massey appeals, arguing that under a line of Supreme Court authority, he is not required to show special damages in order to obtain standing. For reasons that follow, we find Massey’s argument unpersuasive, and we affirm. The undisputed facts demonstrate that Roy Reid owns property in Butts County. Reid began building a barn on his property without first obtaining a building permit. Upon learning that a permit was required, Reid sought —and obtained —a building permit on May 23, 2003.

Massey, who owns property near Reid’s property, filed an appeal to the Butts County Board of Zoning Appeals the Board, challenging the issuance of the building permit. After the Board denied the appeal, Massey appealed to the Superior Court. In his petition, Massey sought a ruling that the building permit, which he alleged violated applicable ordinances, be declared null and void and that the barn be removed. Specifically, Massey contended that the barn violated certain setback provisions.

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