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E. Howard Carson, Jr. Et Al.v.Tom Brown Et Al.

CourtCourt of Appeals of Georgia
Docket No.A18A1951
DecidedFebruary 20, 2019
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedureProperty LawAdministrative LawDue ProcessReversalRemand
Case Summary

E. Howard Carson and Red Bull Holdings sought mandamus to require Forsyth County officials to process a land-disturbance permit application for planned property development. They also challenged a county moratorium and the officials’ refusal to act, while the officials argued that the action was barred by sovereign immunity, res judicata, and failure to exhaust administrative remedies. In three consolidated appeals, the Court of Appeals affirmed in part and reversed in part. The court held that the trial court had not properly resolved whether the mandamus claims, constitutional claims, and administrative issues were legally distinct. It also required further consideration of whether the county’s communications constituted a final rejection and whether the applicable development code required a new application. The cross-appeal concerning a prior bill of peace was affirmed, but the principal judgments were partly reversed so the trial court could address the parties’ claims under the correct procedural standards.

Opinion

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