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

In concluding that plaintiff was not entitled to have his property rezoned, the trial court erroneously considered evidence not of record.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Lewis J. Cooper appeals from the grant of a motion to dismiss in favor of the Unified Government of Athens-Clarke County on his claims for mandamus and declaratory relief in this zoning case. Because the trial court erroneously considered evidence not a part of the record in deciding the motion, we vacate and remand.

In August of 1992 Cooper acquired undeveloped land in Athens-Clarke County, Georgia. At the time of purchase the land was zoned industrial “I”. In July of 2000, Cooper initiated steps to obtain a permit to develop the land as a solid waste transfer station. Cooper claims to have expended more than $50,000 in meeting the Athens-Clarke County Planning Commission requirements for obtaining the permit. In December 2000, the Unified Government passed a land use plan that rezoned Cooper’s property to employment industrial “E-I”, a classification which prohibited construction of the solid waste transfer station. Cooper filed an application to rezone the property from E-I to I on March, 2, 2001 asserting that he was told by the Planning Commission that the rezoning “would likely be approved.” The Planning Commission unanimously voted to recommend the rezoning and presented its recommendation that “the approval of this request is consistent with the Future Land Use Plan, would not have an adverse effect on neighboring properties, and will not hinder further development in the surrounding areas” in a prepared statement to the County Board of Commissioners. The County Board of Commissioners denied the rezoning request and Cooper appealed to the superior court asserting claims for mandamus and declaratory relief. Following a hearing, the superior court granted the Unified Government’s oral motion to dismiss, concluding that Cooper was precluded from attacking the zoning as unconstitutional because he failed to properly raise a constitutional challenge at the administrative level and further concluding that Cooper was not entitled to declaratory relief.

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

In concluding that plaintiff was not entitled to have his property rezoned, the trial court erroneously considered evidence not of record.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report