Legal Opinion

Gwinnett County v. Davis

Supreme Court of Georgia

Decided June 1, 1999No. S99A0430PublishedCited by 2 opinions

1Opinion of the Court

Thompson, Justice.

In a previous appearance before this Court we held that the trial court applied an incorrect legal standard in concluding that the Davises met their burden of establishing the unconstitutionality of a zoning classification of their property. Gwinnett County v. Davis, 268 Ga. 653 (492 SE2d 523) (1997). We explained that “[t]he burden was on the Davises to rebut the presumption of the constitutionality of the [zoning] classification by clear and convincing evidence” (id. at 653); and to that end they must show that they will “suffer a significant loss from the [present]…

2Cases cited5 opinions

  1. Gradous v. Board of CommissionersSupreme Court of Georgia · 1986
  2. Gwinnett County v. DavisSupreme Court of Georgia · 1997
  3. Holy Cross Lutheran Church, Inc. v. Clayton CountySupreme Court of Georgia · 1987
  4. Brown v. Dougherty CountySupreme Court of Georgia · 1983
  5. Rea v. City of CordeleSupreme Court of Georgia · 1986

3Cited by2 opinions

  1. Dover v. City of JacksonCourt of Appeals of Georgia · 2000
  2. Town of Tyrone v. TYRONE, LLCSupreme Court of Georgia · 2002

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