Legal Opinion · Dissent
MacOn Ass'n for Retarded Citizens v. MacOn-bibb County Planning & Zoning Commission
Supreme Court of Georgia
Decided April 4, 1984No. 40623Published
1DissentGregory, Justice
I respectfully dissent for the reason that I would hold the Macon Association for Retarded Citizens (MARC) is immune from local zoning ordinances in its performance of services mandated by state law which, but for the program of MARC, would be performed by the state. I base this in part on the rationale of Temple Terrace v. Hillsborough Assn. for Retarded Citizens, 322 S2d 571 (Fla. App. 1975), rejected by the majority. I would not reach the equal protection argument considered by the majority.
1. The Florida court in Temple, supra, found that the Association was performing services which the…
2Cases cited6 opinions
- Berger v. StateSupreme Court of New Jersey · 1976
- Region 10 Client Management, Inc. v. Town of HampsteadSupreme Court of New Hampshire · 1980
- State Ex Rel. Ellis v. LiddleMissouri Court of Appeals · 1975
- Mayor of Baltimore v. State Department of Health & Mental HygieneCourt of Special Appeals of Maryland · 1978
- Douglas County Resources, Inc. v. DanielSupreme Court of Georgia · 1981
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