Since 2017, this Georgia Survey of zoning law has annually chronicled judicial decisions transforming legislative zoning decisions into quasi-judicial actions, starting with City of Cumming v. Flowers, which held that a local government decision on a variance is quasi-judicial and may only be appealed by writ of certiorari. Subsequently, the Georgia Court of Appeals in York v. Athens College of Ministry held that consideration of a special/conditional use permit is also a quasi-judicial decision, thus extending the holding of City of Cumming. Though the appeal of a zoning decision has traditionally been de novo, York prohibited parties from raising, for the first time, issues in superior court that were not presented to the local government during the hearing on the application for a quasi-judicial decision. York applied the “any evidence” standard of review for factual issues—akin to that under the Georgia Administrative Procedure Act—to appeals of local government zoning decisions.
Galloway, Newton M.; Jones, Steven L.; and Williams, Joshua
"Zoning and Land Use,"
Mercer Law Review: Vol. 74:
1, Article 21.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol74/iss1/21