City of Cumming v. Flowers

NAHMIAS, Justice.

This case involves the procedure by which a local zoning board’s quasi-judicial decision on a variance request may be appealed to the superior court. Kerley Family Homes, LLC (“Kerley”) was granted a variance by the City of Cumming’s Board of Zoning Appeals (“BZA”). Neighboring homeowners aggrieved by the variance sought to appeal the BZA’s decision by filing a complaint seeking a writ of mandamus and an injunction in the superior court. The defendants argued that they were entitled to summary judgment against the homeowners because the zoning variance decision was a…