Earle B. Lewis v. Clarence Brown
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Per curiam
This case presents the issue of whether a county commissioner’s decision to deny the application of three landowners to rezone their property is an executive or legislative decision. Because we agree with the district court that the county commissioner’s decision is executive, we affirm that court’s decision to dismiss the landowners’ complaint for failure to state a claim.
I
Earle B. Lewis, Button Lewis, and Terry Lewis jointly own 272 acres of land in unincorporated Bartow County, Georgia. When they purchased the land it was zoned by Bartow County as agricultural.
The Lewises filed an…
2Cases cited9 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Collins v. City of Harker HeightsSupreme Court of the United States · 1992
- Palko v. ConnecticutSupreme Court of the United States · 1937
- Regents of the University of Michigan v. EwingSupreme Court of the United States · 1985
- McKinney v. PateCourt of Appeals for the Eleventh Circuit · 1994
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