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).

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 (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. 

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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.

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 $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.