Publication Date
12-2023
Document Type
Survey Article
Abstract
Each annual survey of Georgia zoning and land use law since 2017 has chronicled judicial decisions ostensibly intended to transform legislative zoning decisions into quasi-judicial actions. These include City of Cumming v. Flowers, in which the Supreme Court of Georgia held a local government variance decision, and any other zoning or entitlement decision tightly controlled by the local ordinance, is quasi-judicial and may only be appealed by writ of certiorari, regardless of the mechanism for appeal set out in the local government’s ordinance; York v. Athens College of Ministry, Inc., in which the Court of Appeals of Georgia held that consideration of a special/conditional use permit is a quasi-judicial decision; and Diversified Holdings, LLP v. City of Suwanee, in which the Supreme Court of Georgia reiterated that an application for discretionary appeal is required to appeal from a trial court decision on an adverse rezoning decision, which is “an adjudicative decision made by a local government body acting in an administrative role.”
Recommended Citation
Galloway, Newton M.; Jones, Steven J.; and Williams, Joshua
(2023)
"Zoning and Land Use Law,"
Mercer Law Review: Vol. 75:
No.
1, Article 21.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol75/iss1/21