Smith v. Folds

Gregory, Justice.

The Troup County Board of Commissioners granted David Foster’s petition to rezone his property. The superior court set aside the rezoning. We reverse the superior court.

In 1984, David Foster applied to the Troup County Board of Commissioners to rezone his 12-acre tract of land from Lakeside-Residential (L-100) to Mobile Home Park (R-300). Several neighboring landowners opposed the rezoning. The commissioners conducted a hearing, at which Foster and a spokesman for the neighbors were heard. The commissioners then voted 3 to 1 to rezone.

The neighboring property owners filed…