DeKalb County v. Pine Hill Civic Club, 41794
Decision Date | 20 February 1985 |
Docket Number | No. 41794,41794 |
Citation | 254 Ga. 20,326 S.E.2d 214 |
Parties | DeKALB COUNTY et al. v. PINE HILLS CIVIC CLUB et al. |
Court | Georgia Supreme Court |
Frank E. Jenkins III, Jenkins & Bergman, David H. Flint, Schreeder, Wheeler & Flint, Timothy C. Batten, Peter M. Degnan, Alston & Bird, Atlanta, for DeKalb County, et al.
William F. Clark, Frankel, Hardwick, Tanenbaum, Fink & Clark, P.C., Atlanta, for Pine Hills Civil Club, et al.
Calibre, Inc. sought to have certain property in DeKalb County rezoned for the purpose of constructing condominiums. The county gave notice of two zoning hearings by advertising in the county newspaper and posting a conspicuous sign on the property. The county also mailed written notices of the hearings to all abutting property owners in DeKalb County, pursuant to § 11-2367 of the county zoning ordinance, which provides: "The planning department shall give notification of the requested application by regular mail to all abutting property owners as shown by county tax records." Abutting property owners in Fulton County--who were not so notified--brought an action, seeking to have the rezoning invalidated. The superior court declared the reclassification void because abutting property owners in Fulton County failed to receive written notification of the hearings.
1. The trial court held that notice by publication violated the due process and equal protection rights of Fulton County property owners. F.P. Plaza, Inc. v. Waite, 230 Ga. 161, 163, 196 S.E.2d 141 (1973).
Hence, notice given to abutting property owners in Fulton County was not constitutionally deficient.
2. It must then be determined whether the county complied with its own notification requirements to all abutting property owners "as shown by county...
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