City of Atlanta v. Standish

I respectfully dissent. The majority suggests the absence of a “significant public benefit from the present zoning.” There is a benefit which is quite significant, and that is the continuation of the residential character of one of Atlanta’s close-in neighborhoods — many of which fall under increasing pressures for redevelopment to nonresidential uses.

The zoning of surrounding properties has not changed since the owners purchased the property a decade ago. Under present zoning, according to an appraiser, the property now is worth exactly two-thirds more than the purchase price — or an average…