Dinsmore Development Co. v. Cherokee County

Bell, Justice.

The appellants seek to operate a private solid-waste landfill on agriculturally-zoned land in Cherokee County, Georgia. To obtain permission from the appellee Cherokee County (the county) to operate the landfill, appellants filed an application for a special-use permit with the county Board of Zoning Adjustment (BZA). The BZA denied the application after conducting two hearings, and appellants appealed the denial to superior court, which affirmed the BZA’s decision. We then granted appellants’ application for appeal. For the reasons given in this opinion, we reverse.

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