X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Barnes, Presiding Judge.   Erich Shumacher and Mike Nyden are property owners in the City of Roswell who brought this lawsuit challenging the City’s adoption of a new zoning ordinance called the Unified Development Code (the “Code”) on procedural due process and other grounds. The trial court granted the City’s motion for judgment on the pleadings and dismissed all of the plaintiffs’ claims. The plaintiffs filed a direct appeal challenging only the dismissal of their procedural due process claims, and after the appeal was transferred to this Court from the Supreme Court of Georgia, we dismissed the appeal for lack of jurisdiction on the ground that the lawsuit was a “zoning case” requiring an application for discretionary appeal. See Schumacher v. City of Roswell, 337 Ga. App. 268, 268-273 (787 SE2d 254) (2016). The Supreme Court granted certiorari and reversed our decision to dismiss the appeal, holding that “a standalone lawsuit challenging an ordinance as facially invalid — unconnected to any individualized determination about a particular property — is not a ‘zoning case’ . . . and does not require an application under OCGA § 5635.” Schumacher v. City of Roswell, 301 Ga. 635, 635 (803 SE2d 66) (2017). Accordingly, we vacate our previous opinion dismissing the appeal and adopt the Supreme Court’s opinion as our own.We now address the substantive legal question raised by the parties: whether the trial court erred in dismissing the plaintiffs’ procedural due process claims based on the adequate state remedy doctrine. For the reasons discussed more fully below, we conclude that the trial court committed no error because Georgia’s Zoning Procedures Law, OCGA § 36-66-1 et seq. (the “ZPL”), provided the plaintiffs with an adequate state remedy for alleged procedural irregularities committed by the City in the adoption of the Code.[1] Therefore, we affirm.The factual history of this case was summarized by our Supreme Court:   As alleged in their amended complaint, [the plaintiffs] are citizens and taxpayers of the City . . . and own residential property there. In February 2014, after conducting two public meetings, the Council of the City of Roswell (“City Council”) approved a new zoning ordinance — the Code — and a new zoning map. The Code substantially replaced the City’s existing zoning ordinance.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›

The Forest Preserves of Cook CountyIs seeking applicants forDeputy Chief Attorney The Forest Preserves of Cook County is seeking a detail-o...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›