Archive for the ‘Muncipality Discretion’ Category

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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