Shelleyv.Town Of Tyrone
Richard Shelley challenged Tyrone zoning ordinances after the town removed several commercial uses from the permitted uses for properties he owned. He sought declaratory and injunctive relief, damages for inverse condemnation, and other remedies, but had not applied for an occupation tax certificate or obtained a final zoning decision affecting a tenant. The superior court granted the town partial summary judgment, including on facial and as-applied constitutional challenges. The Supreme Court of Georgia held that Shelley’s as-applied challenges were not ripe because he had not exhausted the relevant administrative process. It also held that his facial challenges to superseded ordinances were moot after the town enacted a new zoning ordinance. The court affirmed the summary judgment on the unripe claims, vacated the portion addressing the merits of the moot facial claims, and remanded with direction to dismiss those claims unless Shelley amended his complaint to challenge the ordinance then in effect.
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