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  • Diversified Holdings, LLP v. City of Suwanee

    Publication Date: 2017-12-07
    Practice Area: Administrative Law | Civil Appeals | Land Use and Planning
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Matthew Parks Benson (Mahaffey Pickens Tucker, LLP), Lawrenceville, for appellant.
    for defendant: Richard A. Carothers, Amy Bryant Cowan, Thomas Monroe Mitchell (Carothers & Mitchell, LLC), Buford, for appellee.
    Case Number: S17A1140

    The trial court properly affirmed a local zoning boards denial of landowner's application to rezone certain property, finding that the denial was not arbitrary or capricious because the propertys current zoning was substantially related to the publics health, safety, morality and welfare.

  • May v. Morgan County

    Publication Date: 2017-11-15
    Practice Area: Land Use and Planning
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: C. DuBose, Matthew Frick (DuBose Law Group LLC), Madison, for appellant.
    for defendant: Christian Henry (Christian G. Henry LLC), Madison, for appellee.
    Case Number: A16A1981

    The Court vacated the trial court's judgment finding defendant in violation of a zoning ordinance by offering her lake home for short-term rentals because the trial court failed to address defendant's alternative argument that a prior zoning ordinance was unconstitutionally vague.

  • Kammerer Real Estate Holdings, LLC v. Forsyth County Board of Commissioners et al.

    Publication Date: 2017-11-08
    Practice Area: Civil Procedure | Land Use and Planning | Real Estate
    Industry:
    Court: Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Jennifer Spicer Ray, Jeremy Ethan Underwood, Joshua Adam Scoggins (Miles Hansford & Tallant, LLC), Cumming, for appellant.
    for defendant: Kenneth Edward Jarrard, Jeffrey J Costolnick (Jarrard & Davis, LLP), Cumming; Jesse A. Van Sant (The Gore Law Firm, LLC), Alpharetta; Larry Wayne Ramsey, Jr. (ACCG), Atlanta, for appellee.
    Case Number: S17A0924

    The trial court erred in dismissing some of plaintiff's claims against a county, a board of commissioners and the director of the county's Department of Planning and Community Development in connection with the director's refusal to issue a site development permit to plaintiff so that it could construct an automotive service facility on its lot.

  • Shelley v. Town of Tyrone

    Publication Date: 2017-11-06
    Practice Area: Administrative Law | Civil Procedure | Land Use and Planning
    Industry:
    Court: Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Henry Milton Quillian III, Diane Festin LaRoss (Taylor English Duma, LLP), Atlanta, for appellant.
    for defendant: Laurel E. Henderson (The Balch Law Group), Atlanta; Theodore Paul Meeker III (Sumner Meeker, LLC), Newnan, for appellee.
    Case Number: S17A1064

    The trial court properly granted town's motion for partial summary judgment on plaintiff's declaratory judgment and inverse condemnation claims in connection with certain zoning ordinances because plaintiff failed to exhaust his administrative remedies before seeking relief in the trial court and his as-applied challenges to the zoning ordinances were thus not ripe for judicial review.