Jones v. City of Atlanta

Clarke, Presiding Justice.

This is a zoning case. The single issue on appeal is whether the appellant/landowner made a prima facie showing at trial that the existing zoning classification of his property causes him significant detriment unsubstantially related to the public health, safety, morality and welfare.

The landowner applied to the Atlanta City Council in 1982 to rezone the subject parcel from R-3, single-family residential, to O-I, office-institutional; the council denied his application. The landowner dismissed his subsequent lawsuit to rezone. In 1986 the landowner sought for a…