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Bulloch County Board Of Commissionersv.Kimberly Williams

CourtCourt of Appeals of Georgia
Docket No.A15A0459
DecidedJune 10, 2015
Reporter332 Ga. App. 815; 773 S.E.2d 37
JudgesChief Judge Phipps, Presiding Judge Doyle, and Judge Boggs; Boggs authored
Tags
CivilLand UseAdministrative LawDue ProcessStatutory InterpretationReversal
Case Summary

Williams sought county approval to establish a personal care home on a 7.52-acre parcel in Bulloch County’s AG-5 zoning district. The county planning department and planning commission recommended approval with conditions, but the Board of Commissioners denied the permit after hearing concerns about the unpaved access road, the distance to hospitals, and emergency access. The superior court reversed the Board and directed approval. The Georgia Court of Appeals reversed the superior court. It explained that a local governing body deciding a special permit request acts in a quasi-judicial capacity, applying the facts to the local ordinance, and that the superior court must apply the “any evidence” standard to the local decision. The appellate court found adequate record support for the Board’s denial in evidence concerning the washboard dirt road and the greater distance to the nearest hospital compared with other approved personal care homes. The Board was not bound by the planning commission’s recommendation, and the ordinance placed final approval authority with the Board. The Court of Appeals therefore reversed the order requiring the permit to issue.

Opinion

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