· 10/27/2008
Stendahl v. Cobb County
Citations
- 668 S.E.2d 723
- 284 Ga. 525
- 2008 Fulton County D. Rep. 3346
- 2008 Ga. LEXIS 851
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[T]he General Assembly has not provided a statutory mechanism for the direct appeal to superior court of the zoning decisions of local governing authorities.”
- “‘A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes’ (OCGA § 9-11-(c)
- “It is clear that the governing authority with the power to re-zone property and the successful re-zoning applicant are proper defendants in a suit attacking the grant of a re-zoning application.”
- 136 pages of documents submitted with application for rezoning, or submitted either in support of or against application, but otherwise unclear what documents were attached to complaint in a title to land case
- “When a zoning authority either grants or denies an application for rezoning, it acts in a legislative capacity, and when the constitutionality of that legislative enactment is challenged in court, it is afforded de novo review.”
- where existing party presents a thorough case on behalf of itself and the non-party, the non-party \does not fit within the definition of 'indispensable party' because the case could be decided on its merits without prejudicing the rights of the [non-party]\
Source: CourtListener parenthetical corpus (CC0).
Judges: Benham
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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