Archive for June, 2008

Cobb County Adopts CCRCs

Cobb County Board of Commissioners approved an ordinance allowing the zoning and development of Continual Care Retirement Communities (CCRCs).

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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. 

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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 [...]

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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.

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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.

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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 [...]

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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, [...]

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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 [...]

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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 [...]

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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.

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