City of McDonough v. Tusk Partners

The City of McDonough (“the City”) appeals from the trial court’s ruling (1) finding the zoning classification for property owned by Tusk Partners to be unconstitutional, and (2) ordering the City to rezone the property in a constitutional manner. Because I believe that Tusk Partners satisfied its burdens before the trial court to show by clear and convincing evidence both that it would suffer a significant detriment under the City’s zoning and that the zoning bore an insubstantial relationship to the public interest, and because I believe that the City failed to rebuff that evidence, I would…