Cobb County Board of Commissioners approved an ordinance allowing the zoning and development of Continual Care Retirement Communities (CCRCs).
Archive for June, 2008
Court of Appeals Affirms Injunction Issued for Violation of Zoning Ordinance
The Court of Appeals affirmed an injunction against an individual as the defendant and property owner for violating conditions of zoning.
Keep reading for GZB’s summary of Spinner v. City of Dallas, Georgia, Court of Appeals, Civil Action File No. A08A0741, decided June 25, 2008.
Northern District Affirms Time Limits for Locality to Make Zoning Decisions
The Northern District of Georgia found that an local Adult Code that provided no specific time frame to schedule a hearing or reach a decision gave too much discretion to public officials and was invalid. Ordinances must contain two procedural safeguards to ensure prompt-decision-making: (1) licensing officials must be required to make prompt decisions; and (2) prompt judicial review must be available to correct erroneous denials. To satisfy the time-limit requirement, an ordinance must ensure that permitting decisions within a specified time period.
Keep reading for GZB’s summary of Curves, LLC v. Spalding County, Georgia, United States District Court, N.D. Georgia, Civil No. 3:07-CV-10-JTC.
Dunwoody fight continues with charges against Rep. Chambers
Rep. Jill Chambers (R-Atlanta) was charged with colluding with the enemy – DeKalb CEO Vernon Jones - in a recent Dunwoody incorporation public forum. A second public forum is scheduled for Thursday, June 18. Dunwoody incorporation will be on the ballot July 15.
Direct Right of Appeal of Demolition Order Upheld
The Georgia Court of Appeals recently upheld a property owner’s direct right to appeal a municipal court’s demolition order to superior court.
Keep reading for GZB’s summary of Yasmine’s Entertainment Hall v. City of Marietta, Court of Appeals of Georgia, Case No. A08A0387, decided June 3, 2008.
Sandy Springs to Expand Riverside Greenspace
The Sandy Springs City Council will consider at its meeting Tuesday a master plan proposing to spend several millions of dollars on expanding greenspace at its only riverside property – Morgan Falls Park. The master plan contemplates expanding existing parks, increasing river access, boat dock renovations, a children’s playground, and a fishing pier.
UPDATE: Sandy Springs approved $5million to fund the master plan.
Georgia Builders Settle EPA Stormwater Pollution Case
In a $4.3million settlement agreement, Georgia residential builders Pulte Homes, KB Home, Centex Homes ended a six-year investigation by the Environmental Protection Agency and Department of Justice into compliance with the stormwater management provisions of the Clean Water Act. The investigation focused compliance efforts between 2001 and 2004 and covered seventy-one subdivision construction sites in Georgia.
Pulte Homes, based in Bloomfield Hills, Mich., will pay $877,000; KB Home, based in Los Angeles will pay $1,185,000; Centex Homes, based in Dallas, will pay $1,485,000; and, Richmond American Homes, based in Denver will pay $795,000 in penalties. Richmond American Homes did not have properties in Georgia.
Non-Hispanic Landlord Can Sue City for Race Discrimination Challenging Overcrowding Ordinance
The United States Court of Appeals, Eleventh Circuit reversed a dismissal that had thrown out a lawsuit by a non-Hispanic landlord suing Juniper, Florida for race discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment because of its enactment of an Overcrowding Ordinance and enforcement only against properties that housed Hispanic immigrant tenants.
The Overcrowding Ordinance stated that no more than five persons, not related by blood or marriage, could occupy a single housing unit. The Overcrowding Ordinance did provide an exemption for children less than eighteen years old.
The Eleventh Circuit held that the non-Hispanic landlord could sue the Juniper for race discrimination because it suffered financial injury on lost rent and the lost sale of its property, the injuries were caused by the enactment of the Overcrowding Ordinance, and the damages sought in the lawsuit would remedy the injuries. The Eleventh Circuit also held that the non-Hispanic landlord had third party standing to assert the rights of the Hispanic tenants. The Eleventh Circuit dismissed the district court’s finding that “a non-Hispanic landlord lacks standing to bring a race discrimination claim on behalf of its Hispanic residents.”
Keep reading for GZB’s summary of Young Apartments, Inc. v. Town of Jupiter, Florida, U.S. Court of Appeals, 11th Circuit, No. 07-12076, decided June 5, 2008.
Sandy Springs Considers Building Height
The Sandy Springs City Council is scheduled to consider a city staff proposal to establish new definitions for building height and grade plane at its June 17 public hearing. The new language refers to the International Building Code to give city inspectors a standardized method for determining whether a new home is in compliance with established height limitations.
Cobb County Considers CCRC
The Cobb County Board of Commissioners is scheduled to take up proposed ordinance permitting the zoning of Continuing Care Retirement Communities (CCRC) as a special land use at its June 10 public hearing.
UPDATE: A second public hearing on the proposed CCRC will take place on June 24.
