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Nancy Gastelv.Dekalb County, Georgia Et Al.

CourtCourt of Appeals of Georgia
Docket No.A21A0032
DecidedJuly 1, 2021
Reporter302 Ga. 597
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawZoningConstitutional LawSection 1983Declaratory JudgmentReversal
Case Summary

Nancy Gastel sued DeKalb County and its board after they denied her requests for a variance and rezoning of a small parcel acquired at a tax sale. She sought declaratory and injunctive relief and asserted constitutional and Section 1983 claims. The trial court dismissed the action as an improper mandamus case. The Court of Appeals of Georgia reversed and remanded, holding that the complaint did not present the mandamus action the trial court described. Because the lower court had not addressed the claims actually pleaded, the appellate court declined to decide their ultimate merits or apply a discretionary right-for-any-reason theory. The case returned for consideration of the pleaded claims in the first instance.

Opinion

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Nancy Gastel V. Dekalb County, Georgia Et Al. — The Atlanta Gleaner