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Town of Tyrone v. Tyrone LLC

The trial court exceeded its judicial power in ordering the town to rezone certain property as commercial since courts have no power to zone or rezone property.

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The trial court declared the zoning on a parcel of property unconstitutional and ordered the town of Tyrone, Georgia to rezone the property to a particular classification and grant certain variances. We granted the Town’s application for discretionary review, and we now affirm in part and reverse in part. The trial court exceeded its authority in ordering the property rezoned to a particular zoning designation, and the evidence before the court supported a finding that the zoning was unconstitutional only for some of the property.

Tyrone has a population of approximately 3,800. It is west of Atlanta, with Peachtree City a few miles to the south and Palmetto, Fairburn, and Union City a few miles to the north. Amid the development pressures of a steadily growing Atlanta metropolitan area, the Town has sought to retain its character as a rural, small town. To this end, the Town adopted a comprehensive land use plan in 1992 to guide future land use decisions.

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