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  • Scarborough v. Kemp

    Publication Date: 2018-11-01
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Terry Scarborough, Peachtree City, for appellant.
    for defendant: Christopher Carr, Mary Volkert, (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A18A1036

    Court Affirms Declaratory Judgment Granting Subpoena Power to Secretary of State to Compel Testimony by Expert Who Submitted Findings in Administrative Proceedings to Resolve Boundary Dispute Between Counties

  • Sweet City Landfill, LLC et al. v. Elbert County et al.

    Publication Date: 2018-09-25
    Practice Area: Land Use and Planning | Regulation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Lajuana Ransaw, (Smith Welch Webb & White, LLC), McDonough, Mary Durant (Attorney At Law), Tucker, Michael Mayo, Macon, for appellant.
    for defendant: Ansel Beacham, (Attorney At Law), Rome, Brandon Bowen, Robert Walker, (Jenkins, Bowen & Walker, P.C.), Cartersville, Billy Daughtry, (Leverett & Daughtry, LLC), Elberton, Norman Fletcher, Lee Carter, (Brinson, Askew, Berry, Seigle, Richardson & Davis LLP), for appellee.
    Case Number: A16A1794

    Court affirms dismissal of land fill operator's challenge to county's waste disposal ordinance

  • City of Albany v. Stanford et al.

    Publication Date: 2018-08-02
    Practice Area: Land Use and Planning | Real Estate | Wrongful Death
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Sun Choy, Jacob Daly, Wesley Jackson (Freeman Mathis Gary LLP), Atlanta; C. Davis (City of Albany, City Attorney's Office), Albany; Rusi Patel (Georgia Municipal Association Inc), Atlanta, for appellant.
    for defendant: Virgil Adams, Caroline Herrington, Donald Jordan, Dawn Lewis (Adams Jordan & Herrington PC), Macon; Renay Bloom, Marilyn Quail (Bloom Montrueil & Quail), Macon; Charles Cork (Attorney at Law), Decatur, for appellee. Daniel Loving, Molly Loving, Albany, for other party.
    Case Number: A18A0699

    City Immune From Suit Claiming City's Failure to Curtail Nuisance Proximately Caused Plaintiff's Death

  • C&M Enterprises of Georgia, LLC v. Williams

    Publication Date: 2018-07-03
    Practice Area: Administrative Law | Environmental Law | Land Use and Planning
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Jeffery Arnold (Attorney at Law), Hinesville; Robert Silliman, George Darden (Dentons US LLP), Atlanta, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Elizabeth Monyak (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A18A0240

    An administrative law judge did not act arbitrarily or capriciously and did not abuse or exceed its discretion in ruling in favor of Georgia Department of Natural Resources in a dispute over the construction of a bulkhead in an area of marshlands Department determined to be protected and under its jurisdiction.

  • Hoechstetter et al. v. Pickens County et al.

    Publication Date: 2018-07-02
    Practice Area: Civil Procedure | Land Use and Planning
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: John J. Capo (John C. Capo), Jasper, for appellant.
    for defendant: Phillip Edward Friduss, Jacob Stalvey O'Neal (Hall Booth Smith PC), Atlanta, for appellee.
    Case Number: S17G1500

    Notice of a planning commission hearing to consider property owners' zoning request for a conditional use permit was not sufficient under the Zoning Procedures Law to allow the Board of Commissioners to approve the permit at its meeting three months after the hearing without an additional notice.

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  • Lafontaine et al. v. Alexander et al

    Publication Date: 2018-02-06
    Practice Area: Business Torts | Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ted D. Morgan, for Lafontaine et al.
    for defendant: Waldrep, Mullin & Callahan, David C. Rayfield, for Watley and Alexander.
    Case Number: A17A1267

    The Court partially reversed the trial court's grant of summary judgment to defendant in plaintiffs' suit for, inter alia, fraudulent concealment of negligent construction, negligent construction, maintaining an abatable nuisance and negligent construction of the utility lines arising out of the placement of utility easements in a subdivision defendant developed.

  • Schumacher et al. v. City Of Roswell et al.

    Publication Date: 2018-01-05
    Practice Area: Civil Appeals | Land Use and Planning
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Monroe (Attorney at Law), Roswell, for appellant.
    for defendant: Coleen Hosack (Attorney at Law), Forest Park; Dana Maine (Freeman Mathis & Gary), Atlanta, for appellee.
    Case Number: A16A0582

    The trial court properly dismissed plaintiffs' procedural due process claims in their action challenging City's approval of a new zoning ordinance and map that rezoned their respective properties because Georgias Zoning Procedures Law provided plaintiffs with an adequate state remedy to cure alleged procedural irregularities in Citys adoption of the new zoning ordinance.

  • 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.