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Kingsley v. Florida Rock Indus. Inc.

Notice regarding the enactment of county's comprehensive plan for unincorporated areas was required to conform to county's normal procedures for public hearings and not the notification standards for zoning decision.

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Lamar County and the members of its board of commissioners appeal summary judgment granted in favor of Florida Rock Industries, Inc. in a case that raises questions regarding the relationship between the procedural requirements of the county’s zoning process and of the development of the county’s “comprehensive plan.” In this case, Lamar County denied Florida Rock’s application for rezoning in part because the zoning did not comply with Lamar County’s plan. Florida Rock sued and argued on summary judgment that the county’s plan was invalid because it was implemented without proper notice. The trial court agreed, invalidated the plan, overturned the zoning denial, and remanded the case. This appeal followed.

The facts are largely undisputed. During the fall of 1995, Lamar County adopted a comprehensive plan covering the unincorporated areas of the county. Prior to adopting the plan, Lamar County gave notice of a public hearing to be held on August 1, 1995, by placing advertisements in the Barnesville Herald-Gazette on Tuesday, July 18, 1995, and on Tuesday July 25, 1995. Accordingly, the first notice was published 14 days prior to the public hearing.

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