Zweygardt v. BOARD OF CTY. COM'RS OF ELBERT

Opinion by

Judge CASEBOLT.

In this action concerning the authority of a county to regulate a private access road, plaintiffs, Delmer Zweygardt, and the Delmer and La Vonne Zweygardt Trust, appeal the summary judgment in favor of defendant, the Board of County Commissioners of the County of Elbert (County). The judgment determined that the County has the authority to require that the road comply with the County's fire code and its access requirements. We reverse and remand.

Plaintiffs own parcels of property in Elbert County known as Blue Sky Ranch and Deep River Ranch. The parcels are both zoned…