On May 22, 2008, the Court of Appeals of Georgia found that a permit had been issued by the Army Corps of Engineers to allow the construction of a private dock over state-owned tidewater beds and marsh lands does not mean that any damage will occur upon the construction of that dock. The Court upheld [...]
Archive for May, 2008
29 May
Homeowner Allowed to Operate Haunted House
On May 19, 2008, the Georgia Supreme Court dismissed an appeal from a denial of an injunction to close down a haunted house operating in an area zoned residential as the appeal was “moot” because the haunted house had closed.
Two Justices (Melton and Carley) dissented noting that Halloween comes around every year and that res judicata [...]
29 May
Aesthetic-Based Cell Tower Zoning Ordinance Upheld
On May 13, 2008, the United States District Court, Northern District of Georgia held that the Telecommunications Act of 1996 (TCA), 47 U.S.C. § 151 et seq., does not preempt state or local zoning powers so long as local governments (1) do not unreasonably discriminate among providers; (2) prohibit personal wireless services; or, (3) limit [...]
19 May
Just Delay . . . Not Condemnation
On March 18, 2008, the Georgia Court of Appeals again threw out a constitutional challenge to a local ordinance where the ordinance was not properly pled or proved and held that simple delay of a development project did equal condemnation.
Local Ordinance Must Be Pled and Proved
A local ordinance constitutes foreign law. Neither a superior court, nor an appellate [...]
