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Publication Date

12-2024

Document Type

Survey Article

Abstract

For the first time since 2017, the cases reviewed for the Zoning and Land Use Law Survey did not focus on judicial decisions attempting to transform legislative zoning decisions into quasi-judicial actions. ...

For this Survey period, attention shifts to the impact of State v. SASS Group, LLC, the first case arising after the 2020 amendment to the Georgia Constitution of 1983 in which Georgia voters approved a constitutional amendment (the Amendment) which permitted a limited waiver of the state’s sovereign immunity for declaratory judgment claims seeking a judicial determination that an action of a governmental official was unconstitutional. Though SASS Group did not factually involve a zoning decision challenge, its application impacts how and against whom an appeal of a zoning decision may be brought. This year’s Article reviews some of the first cases decided since SASS Group. Unrelated to SASS Group, other decisions of note during the Survey Period on zoning and land use law are documented below.

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