The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Live Oak Group Llcv.City Of Tybee Island, Georgia Et Al

CourtCourt of Appeals of Georgia
Docket No.A13A1617
DecidedNovember 5, 2013
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedureLand UseZoningCondemnationProperty LawConstitutional LawSummary JudgmentReversalRemand
Case Summary

Live Oak Group purchased Tybee Island property after receiving incorrect information that it was zoned for a single-family residence. When the City denied Live Oak’s application to amend the planned-unit-development standards, Live Oak sued for inverse condemnation and asserted related state and federal constitutional claims. The trial court granted Live Oak summary judgment on inverse condemnation and denied or resolved the other claims in part on the assumption that the inverse-condemnation ruling controlled the federal takings claim. In this companion appeal, the Georgia Court of Appeals reversed. The court held that the City’s denial of a zoning amendment was not inverse condemnation because it involved no affirmative public action creating a nuisance or trespass that diminished the property’s utility or interfered with its use. A constitutional regulatory-takings claim is analytically distinct from inverse condemnation, and the court declined to decide that federal claim because the trial court had not ruled on its merits. The Court of Appeals therefore reversed the inverse-condemnation judgment and remanded the federal takings claim for the trial court’s consideration. The opinion preserves the separate procedural and substantive paths for zoning challenges, constitutional takings claims, and inverse-condemnation claims. The judgment was reversed in both companion cases, with direction to address the federal claim on remand.

Opinion

Loading published copy…

The Far Side
Live Oak Group Llc V. City Of Tybee Island, Georgia Et Al — The Atlanta Gleaner