FSL CORP. v. Harrington

Clarke, Chief Justice.

The Superior Court of Forsyth County denied appellant FSL’s petition for mandamus to require the Board of Commissioners (the Board) of Forsyth County to approve a special-use permit for a sanitary landfill. Because the zoning ordinance authorizing the permit provides no ascertainable limits on the Board’s discretion to grant or deny applications, we reverse the trial court’s order.

FSL contracted to purchase property zoned for agricultural use located in Forsyth County next to the county landfill in a sparsely populated area along the Etowah River. The Etowah is a source…