Fulton County v. Wallace
Supreme Court of Georgia
1Opinion of the Court
Smith, Presiding Justice.
We granted Fulton County’s application for discretionary appeal 1 and posed the following question to the parties.
“Whether the remedy of inverse condemnation exists in this state for a finding of unconstitutional zoning? Please see Cobb Co. v. Wilson.”
We find that Cobb County v. Wilson, 259 Ga. 685 (386 SE2d 128) (1989), contains the available remedies, and that inverse condemnation is not an available remedy under the facts of this case. We therefore reverse and remand with directions.
The appellee, Mr. Wallace, purchased approximately 32 acres of property in north…
2Cases cited5 opinions
- Gradous v. Board of CommissionersSupreme Court of Georgia · 1986
- Trend Development Corp. v. Douglas CountySupreme Court of Georgia · 1989
- Jebco Ventures, Inc. v. City of SmyrnaSupreme Court of Georgia · 1989
- Holy Cross Lutheran Church, Inc. v. Clayton CountySupreme Court of Georgia · 1987
- Cobb County v. WilsonSupreme Court of Georgia · 1989
3Cited by9 opinions
- Alexander v. DeKalb CountySupreme Court of Georgia · 1994
- Mayor of Savannah v. Savannah Cigarette & Amusement Services, Inc.Supreme Court of Georgia · 1996
- Parking Ass'n of Georgia, Inc. v. City of AtlantaSupreme Court of Georgia · 1994
- City of Tybee Island v. Live Oak Group, LLCCourt of Appeals of Georgia · 2013
- City of Atlanta v. TAP Associates, L.P.Supreme Court of Georgia · 2001
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