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Garden Hills Civic Ass'n v. Metropolitan Atlanta Rapid Transit Auth.

Homeowners lacked standing to challenge a re-zoning decision because they failed to demonstrate special damages.

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The Garden Hills Civic Association and six homeowners collectively, the Appellants sued Metropolitan Atlanta Rapid Transit Authority MARTA, the City of Atlanta, and Norman Koplon collectively, Defendants, alleging that the re-zoning of approximately 47 acres in Atlanta was illegal and unconstitutional. Following a bench trial, the court found that the Appellants lacked standing to bring the zoning claims. The trial court further concluded that, even if the Appellants had standing, there was no legal basis for reversing the zoning decision. This appeal ensued and, for reasons that follow, we affirm.

1. The trial court concluded that the Appellants lacked standing, finding that Elizabeth McMullen—the only homeowner to testify at trial—failed to demonstrate that she sustained special damages as a result of the zoning decision. With respect to the Garden Hills Civic Association, the trial court concluded that the association lacked independent standing to file suit because it did not own property affected by the re-zoning.1

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