Legal Opinion · Dissent

DeKalb County v. Dobson

Supreme Court of Georgia

Decided February 17, 1997No. S96A1888Published

1DissentCarley, Justice

The majority correctly states that our standard of review of the *628trial court’s judgment in favor of the landowners is the clearly erroneous test, but inconsistently bases its reversal of that judgment upon the existence of evidence to support the County’s decision not to rezone the property. In my opinion, application of the correct standard of appellate review mandates an affirmance of the trial court’s judgment in favor of the Landowners and against the County. Accordingly, I respectfully dissent.

“ Tn zoning matters it is of fundamental importance to distinguish between two types of cases.’…

2Cases cited12 opinions

  1. Barrett v. HambySupreme Court of Georgia · 1975
  2. Guhl v. Holcomb Bridge Road Corp.Supreme Court of Georgia · 1977
  3. Gradous v. Board of CommissionersSupreme Court of Georgia · 1986
  4. Dougherty County v. WebbSupreme Court of Georgia · 1986
  5. Alexander v. DeKalb CountySupreme Court of Georgia · 1994

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