Rockdale County v. Burdette

Benham, Justice.

We granted Rockdale County’s application for discretionary review of the trial court’s ruling that the Rockdale County Board of Commissioners’ refusal to rezone a .69-acre piece of property violated the property owner’s constitutional right to equal protection of the law. Because equal protection applies to similarly-situated property owners and the existence of a pre-existing nonconforming use prevents landowners from being similarly situated (Puckett v. Paulding County, 245 Ga. 439 (2) (265 SE2d 579) (1980)), we reverse the trial court’s judgment.

Appellee Michael Burdette,…