The appellant, Legacy Investment Group, LLC “Legacy”, sought to have the appellees, Fulton County and its commissioners, rezone certain property it owned in the county. Fulton County denied the rezoning, and Legacy filed suit in superior court, contending that the present zoning of its property was unconstitutional. The trial court granted summary judgment to Fulton County, ruling that Legacy had not proven that the present zoning caused it a significant detriment or that the present zoning was insubstantially related to the public health, safety, and welfare. This Court subsequently granted Legacy’s application for discretionary appeal to consider whether the trial court erred in granting summary judgment to Fulton County. For the reasons that follow, we reverse the trial court’s ruling. On January 27, 2003, Legacy entered into an agreement to purchase 41 acres of land in south Fulton County for $12,195 per acre. Legacy stated that it entered into the contract to purchase the property based on the property’s suitability for single-family residential development. At the time the contract was entered, the land was zoned AG-1, agricultural. The AG-1 classification permits one residence to be built on each acre of land. About one month after entering the contract to purchase the property, Legacy and the property’s owner, Emanuel Ministries, Inc., filed a rezoning application with the Fulton County Department of Environment and Community Development the “Department” seeking to rezone the property to a “Community Unit Plan” “CUP” classification. This would allow Legacy to build two residences on each acre of land. The Department recommended approval of Legacy’s application, as did The Fulton County Community Development Board. However, on May 7, 2003, the Fulton County Board of Commissioner’s denied the rezoning application. On June 3, 2003, Legacy filed this action in Fulton Superior Court, and on January 24, 2004, Legacy purchased the property from Emmanuel Ministries.
Legacy and Fulton County subsequently filed cross-motions for summary judgment. Legacy presented the testimony of two experts. Robert Hughes, a land planner, testified at a deposition that Legacy’s plan represents the appropriate use of the property, and is consistent with surrounding uses and with the county’s development plan. Legacy’s other expert, Frederic Minnich, is a licensed real estate appraiser and broker. He testified that the subject property would be worth $15,000 to $16,000 if rezoned to permit two units per acre; that the property is worth $7,500 per acre as presently zoned; and that the $7,500 value is comparable to similarly situated properties. Minnich also testified that Legacy purchased the property for $5,000 more per acre than Minnich’s appraisal because “the seller knew that it was going to be rezoned and based the price on that” and because “Legacy thought it was going to be rezoned and based their ability to buy it on that.”
