On March 18, 2008, the Georgia Court of Appeals again threw out a constitutional challenge to a local ordinance where the ordinance was not properly pled or proved and held that simple delay of a development project did equal condemnation.
Local Ordinance Must Be Pled and Proved
A local ordinance constitutes foreign law. Neither a superior court, nor an appellate court can take judicial notice of a local ordinance. A local ordinance has the status of a private act that must be pled and proved. There are three accepted methods to prove such an ordinance: (1) production of the original; (2) production of a properly certified copy; or (3) admission by the defendant of an ordinance that is either set forth verbatim in pleadings or attached as an uncertified copy to a pleading.
Simple Delay of Project is Not Condemnation
It is not a compensable taking for inverse condemnation if local approval of a development is merely delayed where the underlying facts show that builder is not prevented from marketing and developing other aspects of the project, can make other uses of property pending approval or reconfigure property to not require local approval, and property did not decrease in value as a result of the delay.
Keep reading for GZB’s summary of Prime Home Properties, LLC v. Rockdale County Board of Health, Court of Appeals of Georgia, Case Nos. A07A2185, A07A2186.