Delta Cascade Partners II v. Fulton County

Benham, Justice.

This is an appeal from a superior court’s judgment upholding appellees’ denial of appellant’s zoning request. Appellant sought to have a 40.1-acre tract fronting on Cascade Road in Atlanta rezoned from R-3, single family residential, to A-l, a classification consistent with development of an apartment complex. The Fulton County Board of Commissioners denied the request and the superior court, holding that appellant had failed to bear its burden of proof, affirmed.

The two-part burden of a party challenging the denial of a request to rezone property is to show that the existing…