Warshaw v. City of Atlanta

Smith, Justice.

Appellants Nat and Elaine Warshaw own property located at 2815 Peachtree Road, N. E., and have operated a strip-type shopping center known as “Garden Hills Shopping Center” there for approximately forty years. In 1954 appellee City of Atlanta zoned the subject property A-2 (Apartment Dwelling District). Because the shopping center predated the 1954 zoning ordinance, appellant’s business has continued operating as a legal, non-conforming commercial use of the land. In January 1980, appellants requested rezoning to C-l-C (Commercial Business District Conditional). The City’s…