Publication Date
12-19-2025
Document Type
Survey Article
Abstract
This year’s Georgia Survey on zoning law analyzes new developments in case law and legislation over the Survey period. It analyzes the impact and aftermath of the Supreme Court of Georgia’s opinion in State v. SASS Group, LLC. SASS Group was the first case arising under the 2020 amendment to the Georgia Constitution of 1983, which permitted a limited waiver of the state’s sovereign immunity for declaratory judgment claims alleging that an action of a government official was unconstitutional. Though SASS Group did not factually involve a zoning decision, its holding impacted how and against whom an appeal of a zoning decision may be brought. Litigation interpreting the SASS Group opinion continued during the Survey period, and its application to zoning law is reviewed herein.
This year’s Survey also focuses on the enactment of House Bill (“HB”) 155. HB 155 revised several statutes relevant to zoning and land use...
This Article asks whether HB 155 has finally resolved more than ten years of litigation that produced numerous conflicting opinions as to whether a rezoning action is legislative or quasi-judicial. Additionally, this year’s Survey reviews other decisions of note during the Survey Period on zoning and land use law.
Finally, this Article provides an update on a case discussed in last year’s Survey—Morgan County Hospital Authority v. City of Madison.
Recommended Citation
Galloway, Newton M.; Jones, Steven L.; and Williams, Joshua
(2025)
"Zoning and Land Use Law,"
Mercer Law Review: Vol. 77:
No.
1, Article 21.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol77/iss1/21