Jump to Navigation

Notable Cases

Members of this firm have handled zoning cases that have helped from the framework of zoning law in this state over the past three decades. The following are a few of the major decisions:

Guhl v. Holcomb Bridge Road Corporation, 328 Ga. 322 (1977) (Established basic standards for judicial review of zoning cases in Georgia.)

Guhl v. M.E.M. Corporation, 242 Ga. 354 (1978) (Defined reasonableness in the zoning context).

DeKalb County v. Post Properties, Inc., 245 Ga. 214 (1980) (Established the requirements for raising constitutional issues in zoning cases).

Village Centers, Inc. v. DeKalb County, 248 Ga. 177 (1981) (Established applicable filing period in zoning litigation).

DeKalb County v. Albritton Properties, 256 Ga. 103 (1986) (Affirmed reversal of County's denial of rezoning in landmark neighborhood buyout case).

Fulton County v. Bartenfeld, 257 Ga. 766 (1988) (Established standards for granting or denying a governmental permit and required issuance of permit for operation of a landfill).

Cannon v. Coweta County, 260 Ga. 56 (1990) (Manufactured housing may not be excluded from residential districts in Georgia unless it is incompatible).

Ansley House, Inc. v. City of Atlanta, 260 Ga. 540 (1990) (Established the standard for lapse of nonconforming uses).

Emory University v. Levitas, 260 Ga. 894 (1991) (Established the evidentiary standard to be applied in variance appeals).

Northpark Associates No. 2, LTD. v. Homart Development Co., 262 Ga. 138 (1992) (Easement rights in subdivision road upheld when subdivision lot purchaser bought lots by deeds in chains of title that made reference to recorded plat which showed subdivision roads).

City of Cumming v. Realty Development Corp., 268 Ga. 461 (1997) (Supreme Court of Georgia held a local government in civil contempt in a zoning case. Also, established rules local governments must follow in considering court remanded zoning cases).

Henry County v. Tim Jones, 273 Ga. 190 (2000) (Zoning ordinance that required larger houses and lots than planned by the purchaser held to be unconstitutional taking).

Fairfax v. City of Clarkston, Ga., 274 Ga. 520 (2001) (Case remanded for a determination of the constitutionality of the distance requirements of a gasoline service station ordinance for analysis under the correct substantive due process test).

BFI Waste System of North America v. DeKalb County, Georgia, 303 F. Supp. 2d 1335 (2004) (Establishes due process standards for denial of permit for vertical expansion of non-conforming landfill).

Cobb County v. Annox Self-Storage No. 1, LLC, 294 Ga. App. 218 (2008) (Finding that owner had right of access to abutting road for egress and ingress to property, for purpose of determining whether denial of request for owner for egress onto road amounted to taking without compensation).

Areas of Focus Representative ClientsRepresentative ProjectsNotable Cases

Dillard & Galloway, LLC
3500 Lenox Road, N.E., Suite 760
Atlanta, GA 30326
Phone: 404-965-3680
Toll Free: 866-903-1760
Email
Map and Directions