City of Alpharetta v. Estate of Sims

Hunstein, Justice.

We granted the application for discretionary appeal filed by the City of Alpharetta and City officials (“the City”) to address whether the trial court erred by concluding that the City abused its discretion in denying an application for conditional use permit made on behalf of appellees, the Estate of C. R. Sims and its two executors. The City Council denied the application for a special use permit to build a gasoline station on appellees’ property on which are located six specimen trees, including one oak deemed a “very significant tree” by the City’s Director of Planning…