City of Cumming v. Realty Development Corp.

Benham, Chief Justice.

We granted a discretionary appeal application in this case to consider an order finding appellants, the City of Cumming and its mayor and city council, in wilful contempt of an order remanding a zoning matter. Appellees are the owner of a tract of land and a developer which has contracted to buy the tract contingent on rezoning from Highway Business to R-3, a multi-family residential classification. Because zoning of the desired density was not available under Forsyth County’s zoning ordinance, appellees sought annexation of the tract into the City of Cumming for the…