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