The 11th Circuit Court of U.S. Appeals recently reversed a grant of a motion to dismiss and remanded Kupke v. Orange County, Florida, Case No. 08-10814 finding that the complaint adequately alleged a deprivation of property resulting from state action and that further proceedings were necessary to determine whether post-deprivation due process was meaningful and adequate to [...]
Archive for September, 2008
28 Sep
Sandy Springs Sued Over Holy Spirit Preparatory School Land Use Permit
The Long Island Neighborhoods Coalition, Gwinnett Real Estate Trust Ventures and Fred Filsoff have sued Sandy Springs challenging the Sandy Springs City Council’s decision to approve a Holy Spirit Preparatory School’s petition for a land-use permit.
According to the lawsuit, the coalition believes Mayor Eva Galambos and the City Council stepped out of their discretion when they [...]
27 Sep
Snellville Considers Regulating Air Pollution . . . Continuing The Crematory Fight
After losing the first and second rounds in the fight against the crematory, Snellville City Council member Kelly Kautz has introduced a proposed ordinance to prevent businesses such as hospitals and crematories —- one crematory in particular —- from polluting the air. The ordinance would place specific limits on mercury and dioxin/furan emissions for any incinerator of [...]
23 Sep
DeKalb County May Pay $66,000 An Acre For Greenspace
DeKalb County Board of Commissioners is considering paying $66,000 per acre to perserve as greenspace a 92-acre stretch along the South River in Southeast DeKalb near Stonecrest Mall. The proposed $6 million deal has been criticized because the developer-owner of the property only paid $22,000 per acre only two years ago. The money to purchase the property [...]
23 Sep
Georgia Supreme Court Affirms Counties’ Right to Object to Annexation of Unincorporated Areas
The Georgia Supreme Court has again affirmed that a county has standing to sue one of its cities to prevent annexation of unincorporated properties within the county. However, the Supreme Court held that where the annexing city and property owners of annexed property had no present intention to rezone the annexed properties a county can not [...]
18 Sep
DOT Lets Acquired Rights of Way Languish
An audit of the Georgia Department of Transportation has not only revealed a deficit of $456 million, but that its right-of-way office, which acquires land for road development, has forced people to sell their land and then let it languish. DOT doesn’t even know how much land it owns.
In one case, for a project on Ga. [...]
17 Sep
Dunwoody Picks Mayor & 5 Council Members
DeKalb County’s newest city in 70 years went to the polls Tuesday and elected its first mayor and five city council.
Ken Wright was unopposed as mayor and will now serve a three-year term. The remaining election results can be found here.
17 Sep
1832 Shiloh United Methodist Church Rezoned, but Cannot Become a Gas Station
In spite of neighborhood opposition, Kennesaw unanimously approved the rezoning of the Shiloh United Methodist Church on Cherokee Street near the intersection of Jiles Road from residential to commercial, but with the condition that the 5.5 acres will not be developed as a gas station or convenience store. The church had decided to pack up and sell the [...]
16 Sep
Cherokee County Considers Subdivision Regulations and Other Changes to Zoning Ordinance
Tonight - September 16 – the Cherokee County Board of Commissioners will consider adding Subdivision Regulations and a few revisions to its current Zoning Ordinance.
Cherokee County currently has no subdivision ordinance. The proposed Subdivision Regulations sets forth new procedures every residential property owner or developer will have to follow to subdivide their property. The proposed regulations attempts [...]
