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.