South Gwinnett Venture v. Pruitt

(dissenting) :

I respectfully dissent. I would affirm for all reasons stated by the Trial Court in his memorandum opinion, Rockbridge Associates, Ltd. v. Pruitt, 341 F.Supp. 703 (N.D.Ga.1971), plus an additional reason to be stated. I agree with the Trial Court “that plaintiff was afforded procedural due process in connection with the various hearings before local zoning authorities” and that “there is nothing to indicate that the decision of the Commissioners could be found to be arbitrary.” The majority opinion groups these two cases together and over-reacts, I think, to the contention of…