Cooper v. Unified Gov't of Athens-Clarke County

Plaintiff could not raise a constitutional issue regarding his alleged vested rights to a permit for developing his property as a solid-waste transfer station without first requesting a variance or permit from the local zoning authority.

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Lewis J. Cooper sought a writ of mandamus to compel the Athens-Clarke County Commission to issue him a permit to build a solid-waste transfer station. The Superior Court dismissed his petition. Because Cooper failed to raise his constitutional claims before the County Commission, and such claims cannot be raised for the first time in Superior Court, we affirm. In July 2000, Cooper began taking initial steps to develop his property in Athens-Clarke County as a solid-waste transfer station. According to Cooper, the staff of the Planning Commission assured him at that time that the zoning classification for the property, “Industrial,” would permit such a project. Cooper then commissioned certain studies into the feasibility of the project, but never formally applied for a permit. In December 2000, however, the zoning classification on the property was changed to “Employment Industrial.”

In March 2001, Cooper requested that the County Commission change the zoning on his property back to the prior “Industrial” classification. When the request was denied, Cooper filed a petition for a writ of mandamus to compel the County Commission to rezone the property and issue a permit for the solid-waste transfer station. The Superior Court dismissed the petition, but this Court vacated the order and remanded the case for further proceedings.1 Upon remand, the Superior Court again dismissed the petition because Cooper failed to assert any constitutionally-based claims before the County Commission, and such claims cannot be asserted for the first time in Superior Court. This Court granted Cooper’s application for a discretionary appeal, and we affirm.

Cooper v. Unified Gov't of Athens-Clarke County

Plaintiff could not raise a constitutional issue regarding his alleged vested rights to a permit for developing his property as a solid-waste transfer station without first requesting a variance or permit from the local zoning authority.

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