Legal Opinion · Concurrence

City of Roswell v. Outdoor Systems, Inc.

Supreme Court of Georgia

Decided July 2, 2001No. S01A0117Published

1ConcurrenceBenham, Justice

While I concur with the result reached by the majority opinion, I cannot agree with the reasoning by which that result was reached. The majority opinion purports to construe the statutory definition of “zoning decision” and concludes that the ordinance in question was not a “final legislative action.” However, there is no meaningful construction of the statute in the majority opinion. Instead, it recites several factors having no relation to the question of whether the moratorium was a “final legislative action,” and then invents a new category of legislation, “reasonable interim action,”…

2Cases cited2 opinions

  1. City of Doraville v. Turner Communications Corp.Supreme Court of Georgia · 1976
  2. Outdoor West, Inc. v. Coweta CountySupreme Court of Georgia · 1999

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