Henry County v. Tim Jones Properties, Inc.

Benham, Chief Justice.

In its order declaring unconstitutional the re-zoning decision of the Board of Commissioners of Henry County, the trial court found that the commissioners’ imposition of a zoning classification to the subject property was arbitrary and capricious and amounted to an unconstitutional taking, and that the zoning classification imposed amounted to “exclusionary zoning.” We granted Henry County’s application for discretionary review and asked the parties to address whether the trial court erred in making these findings.

In 1997, appellee Tim Jones Properties (“TJP”) entered…