Legal Opinion · Dissent

Norton Realty & Loan Co. v. City of Gainesville

Supreme Court of Georgia

Decided March 7, 1968No. 24444Published

1DissentGrice, Justice

I disagree with Division 3 of the majority opinion and with the judgment of reversal.

As I view the situation, the plaintiffs are not entitled to the relief they seek for two reasons, each independent of the other.

1. The first is that they have shown no vested right to the continuation of R-II zoning as to the lots in question.

Expenditures in purchasing and developing land in reliance upon continuance of existing zoning, under the circumstances here, do not provide the owner with a vested right to such continuance. If they did, practically no rezoning could ever take place, because property…

2Cases cited8 opinions

  1. Clairmont Development Co. v. MorganSupreme Court of Georgia · 1966
  2. Morgan v. ThomasSupreme Court of Georgia · 1951
  3. Neal v. City of AtlantaSupreme Court of Georgia · 1956
  4. Zaring v. AdamsSupreme Court of Georgia · 1939
  5. City of Atlanta v. MillerSupreme Court of Georgia · 1941

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