July 30, 2008
· Filed under Decision Time-Limits, Georgia Cities · Tagged Crematory, Curves LLC v. Spalding County, Snellville
The City Council of Snellville responded to opposition and delayed a decision on whether to grant a buiness permit to a crematorium to conduct an study on possible environmental impacts to a neighboring residential area.
GwinnettBuzz has already noted that the City’s actions jeopardizes the applicant’s property rights to conduct a legal business, but it seems that unless the City has specified a time for action on the permit application the delay also runs afoul of the recent Court of Appeals decision in Curves, LLC v. Spalding County, Georgia.
June 29, 2008
· Filed under Adult Entertainment, Decision Time-Limits, Muncipality Discretion · Tagged Curves LLC v. Spalding County, Georgia
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.
Read the rest of this entry »
