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Brownv.Carson

CourtSupreme Court of Georgia
Docket No.S21G0857
DecidedMay 3, 2022
Reporter313 Ga. 621; 872 S.E.2d 695; 2022 Ga. LEXIS 129; 2022 WL 1308719
JudgesJustice Colvin authored the opinion; all participating justices concurred, except Justice Warren, who did not participate
Tags
CivilLand UseZoningVested RightsBuilding PermitsLocal Government
Case Summary

Carson planned to divide a 17-acre Forsyth County parcel into 42 lots and claimed the planning director assured him that existing zoning allowed 9,000-square-foot lots. After buying the land, spending more than $83,000 on development work, and facing a county moratorium and zoning change, Carson was denied a land-disturbance permit. Georgia’s Supreme Court held he acquired no vested right to develop under the former zoning: that theory requires substantial reliance on official assurances that a building permit will probably issue, but the director had only confirmed current zoning and made no such assurance. The Court reversed the Court of Appeals and remanded with direction to reconsider two related appeals it had dismissed as moot. All participating justices concurred; Justice Warren did not participate.

Opinion

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