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.
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.