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City of Decatur v. DeKalb County

County government building projects are not subject to municipal zoning regulations, but are subject to other municipal regulation, such as fire safety standards.

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The City of Decatur appeals from the trial court’s order granting declaratory relief to DeKalb County and a permanent injunction against Decatur, forbidding Decatur from enforcing its zoning, building, and other ordinances with respect to the construction of the DeKalb County courthouse and other county government building projects conducted within Decatur city limits. Despite Decatur’s several enumerations of error, the dispositive issue on appeal is whether a county government is exempt from all municipal regulation of construction projects undertaken by the county with respect to county-owned property located within the city and used for governmental purposes. We hold that county government building projects are not subject to city zoning regulations, but that they are subject to other municipal regulation as indicated by the Georgia Legislature. Accordingly, we reverse the trial court’s order to the extent that it exempts the county from all municipal building regulations beyond zoning regulations.

The record reveals that DeKalb County owns certain property located within the city of Decatur. DeKalb decided to use its property to build the new DeKalb County courthouse and renovate an existing building used for governmental purposes. In the past, DeKalb County had applied for building and other permits from Decatur to commence construction within the city limits. This time, however, DeKalb County accepted a bid from a contractor to commence construction on the courthouse before obtaining permits from Decatur, and further did not apply for city permits relating to renovations on another DeKalb County government building.

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