MD Hodges Enterprises, Inc. v. Fulton County, Georgia

ORDER'

VINING, District Judge.

This is an action pursuant to 42 U.S.C. § 1983 in which the plaintiff alleges that its constitutional rights were violated when the defendants failed to rezone its property. The case was tried by the court, sitting without a jury, on August 23, 2003. The following will constitute the court’s findings of fact and conclusions of law as required by Rule 52, Federal Rules of Civil Procedure.

I. FACTUAL BACKGROUND

M.D. Hodges Enterprises, Inc. [“Hodges”] is the owner of a 55.15-acre tract of land located at the southwest corner of the intersection of Campbellton Road and…