The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Kammerer Real Estate Holdings, Llcv.Forsyth County Board Of Commissioners Et Al.

CourtSupreme Court of Georgia
Docket No.S17A0924
DecidedOctober 16, 2017
JudgesSupreme Court of Georgia
Tags
CivilProperty LawLand UseZoningConstitutional LawStandingMandamusCertiorariMotion to DismissReversalRemand
Case Summary

Kammerer Real Estate Holdings sought a permit to build an automotive service facility on a Forsyth County lot subject to an open-space zoning condition. After the county refused to amend the condition and the planning director refused the permit, Kammerer sought declaratory relief, mandamus, and judicial review by certiorari, while the county sought dismissal of additional claims. The Supreme Court of Georgia held that buying property after a zoning regulation takes effect does not deprive the purchaser of standing to challenge the regulation’s constitutionality. It also held that the trial court applied the wrong pleading standard when dismissing Kammerer’s certiorari claim against the director. By contrast, the court held that local zoning language could not expand the state-law scope of certiorari review, requiring reconsideration of the certiorari claim against the board. The court left the attorney-fee claim in place because other claims remained. It affirmed in part and reversed in part, with separate dispositions for the two consolidated cases.

Opinion

Loading published copy…

The Far Side
Kammerer Real Estate Holdings, Llc V. Forsyth County Board Of Commissioners Et Al. — The Atlanta Gleaner