Sellars v. Cherokee County

Clarke, Justice.

This is a zoning case in which the sole issue is whether the present zoning classification constitutes a taking. Sellars applied to rezone his lot in Cherokee County from residential to neighborhood commercial in order to build a real estate office. When his application was denied by the county commissioner, Sellars sought a writ of mandamus to order the governing authority to declare the present classification void.

The 1.55-acre lot is located at the intersection of Georgia Highway .140 and Grimes Road in Cherokee County. The property is bounded by roads on three sides and by…