Buckner v. Douglas County

Jerry Buckner brought this suit against Douglas County and its Board of Commissioners. He complains of the county’s refusal to issue building permits allowing him to develop property in conformity with its classification under a zoning ordinance no longer in effect. He seeks enforcement of an agreement by the Board of Commissioners to allow him to develop the property under the prior zoning ordinance. After a bench trial, the court entered an order correctly concluding that the settlement agreement is unenforceable because it amounts to a zoning decision rendered in violation of Georgia’s Zoning Procedures Law ZPL. We affirm. Buckner is a real estate developer who, in April 2002, entered into an agreement to purchase a tract composed of approximately 68 acres in Douglas County. The provisions of the Douglas County Zoning Ordinance1 then in effect allowed Buckner to build single-family homes on one-acre lots in the tract. Buckner’s contract to purchase the 68 acres was contingent upon his ability to obtain the necessary building permits. Shortly after entering into the purchase contract, Buckner met with Douglas County’s Director of Planning and Zoning. Buckner testified that the director assured him that his conceptual development plan satisfied the county’s existing zoning ordinance.

In May 2002, Douglas County amended its zoning ordinance to create various watershed protection districts for the purpose of maintaining the quality of the county’s public drinking water. Buckner’s property is located in one of the watershed protection districts. The 2002 amendment requires a minimum three-acre lot size for residential developments in that district.