Harden v. Banks County

JOHNSON, Presiding Judge.

The Banks County Board of Commissioners approved Bobby Caudell’s request to rezone 126 acres of rural property for subdivision development. Willis and Bettie Harden, who own land next to the proposed development, objected to the rezoning and petitioned for judicial review of the Board’s decision. Following an evidentiary hearing, the trial court affirmed the Board. We granted the Hardens’ application for discretionary appeal, and for reasons that follow, we reverse.

The record shows that the Hardens reside and maintain a wholesale plant nursery on their property. In…