Trend Development Corp. v. Douglas County
| Decision Date | 11 September 1989 |
| Docket Number | No. 46925,46925 |
| Citation | 259 Ga. 425,383 S.E.2d 123 |
| Parties | TREND DEVELOPMENT CORPORATION v. DOUGLAS COUNTY, Georgia, et al. |
| Court | Georgia Supreme Court |
Thomas T. Tate, Andersen & Tate, P.C., Lawrenceville, for appellant.
Robert B. Edwards, for appellee.
1.The Court takes this opportunity to advise bench and bar that appeals in zoning cases will henceforth require an application. Where an appeal from a decision of a court reviewing a zoning decision involves a constitutional question, this Court has jurisdiction; where it does not involve a constitutional question, the Court of Appeals has jurisdiction. However, in neither case is the appeal direct because it is an appeal from the decision of a court reviewing a decision of an administrative agency within the meaning of OCGA § 5-6-35(a)(1). In City of Atlanta Board of Zoning Adjustment, et al. v. Midtown North, Ltd., et al., 257 Ga. 496, 497 n. 1, 360 S.E.2d 569 (1987), Justice Weltner wrote:
The constitutional provisions govern which appellate court has jurisdiction of a matter subject to appeal. The applicable statutes determine the method of pursuing the appeal. As this case is an "appeal from the decision of the superior court reviewing a decision of a local administrative agency," it comes within the scope of OCGA § 5-6-35(a)(1), which requires application for review.
Additionally, in Ross, et al. v. Mullis Tree Service, Inc., 183 Ga.App. 627, 628, 360 S.E.2d 288 (1987), the Court of Appeals held that "OCGA § 5-6-35(a)(1) is applicable to appeals from decisions of the superior courts reviewing decisions of local zoning tribunals...." Therefore, in accordance with those decisions, we hold that all zoning cases appealed either to the Court of Appeals or the Supreme Court of Georgia must hereafter come by application as of the date this opinion appears in the Original Advance Sheets, October 26, 1989.
2.Appellant Trend Development acquired 96 acres of land in Douglas County which was zoned R-1 (residential/agricultural). Appellant applied for and obtained approval for rezoning of the property from R-1 to R-2 (single family residential). However, prior to appellant's development of a residential subdivision, the Douglas County Board of Commissioners approved the location of a landfill on the 1,000 acres of land directly adjoining the property. Subsequently, appellant applied to rezone its property from R-2 to R-7 (mobile home subdivision residential). The Board of Commissioners denied this request. Appellant instituted an action in Douglas County Superior Court seeking to set aside the Board's decision, and this relief was also denied.
In September 1987, appellant filed another application to rezone the property. This proposal contained changes which were made in an effort to meet previously expressed concerns of the Board and the public. In the application, appellant proposed that all of the mobile homes would be "double-wide," placed on permanent foundations, and covered by 10-year warranties; that all of the units would have decks, driveways, and landscaping; and that substantial restrictive covenants would be recorded and bind all purchasers of lots within the property. Appellant also agreed to numerous conditions proposed by a Board member. Additionally, appellant allowed the rezoning to be labeled a conditional zoning, thereby converting appellant's earlier R-7 application into a conditional R-7, or R-7-C, request. The Board of...
To continue reading
Request your trial
-
Schumacher v. City of Roswell
...their direct appeal, concluding that their lawsuit was a "zoning case" under our decisions in Trend Development Corp. v. Douglas County, 259 Ga. 425, 425-426 (1), 383 S.E.2d 123 (1989), and O . S . Advertising Co. v. Rubin, 267 Ga. 723, 482 S.E.2d 295 (1997) ( " Rubin") , and thus required......
-
Findley v. Findley
...267 Ga. 801(2), 485 S.E.2d 22 (1997). See also McDaniel v. Elliott, 269 Ga. 262, 497 S.E.2d 786(1998); Trend Development Corp. v. Douglas County, 259 Ga. 425, 383 S.E.2d 123 (1989). Our case law reflects we have also declined to give retroactive effect to a judicial decision when the partic......
-
Diversified Holdings, LLP v. City of Suwanee, S17A1140
...appealed either to the Court of Appeals or the Supreme Court of Georgia must ... come by application." Trend Dev. Corp. v. Douglas Cty., 259 Ga. 425, 426, 383 S.E.2d 123 (1989). And in Rubin, we reiterated that all appeals in zoning cases require an application. O.S. Advertising Co. of Geor......
-
Carson v. Brown
...of Anshei Chesed , 275 Ga. 856, 857 (1), 572 S.E.2d 530 (2002) ("In essence, this Court determined in [Trend Dev. Co. v. Douglas County , 259 Ga. 425, 383 S.E.2d 123 (1989) ] and its progeny that a zoning decision made by a local government was the action of a local administrative agency wi......
-
Zoning and Land Use Law
...§ 5-6-34(a)(7) allows a direct appeal from the "granting or refusing to grant mandamus," Trend Development Corp. v. Douglas County, 259 Ga. 425, 383 S.E.2d 123 (1989), still required an application for appeal even if mandamus and injunctive relief were sought in superior court. Id. at 426, ......
-
Local Government Law - R. Perry Sentell, Jr.
...we are without jurisdiction to consider this case." Id. 306. Id. at 873-74, 437 S.E.2d at 861 (quoting Trend Dev. Corp. v. Douglas County, 259 Ga. 425, 383 S.E.2d 123 (1989)). 307. 212 Ga. App. 209, 441 S.E.2d 518 (1994). 308. Id. at 209, 441 S.E.2d at 519. 309. Id. at 210, 441 S.E.2d at 52......
-
Zoning and Land Use Law
...of the superior courts reviewing decisions of . . . state and local administrative agencies"); Trend Dev. Corp. v. Douglas Cty., 259 Ga. 425, 426, 383 S.E.2d 123, 124 (1989) (holding under O.C.G.A. § 5-6-35(a)(1), "all zoning cases appealed either to the Court of Appeals or the Supreme Cour......
-
Administrative Law - Martin M. Wilson
...249. 262 Ga. App. 382, 585 S.E.2d 710 (2003). 250. Id. at 382, 585 S.E.2d at 710. 251. Id. (citing Trend Dev. Corp. v. Douglas County, 259 Ga. 425, 426, 383 S.E.2d 123 (1989)). 252. 264 Ga. App. 17, 589 S.E.2d 839 (2003). 253. Id. at 17-18, 589 S.E.2d at 839-40. 254. Id. at 18, 589 S.E.2d a......