Legal Opinion · Dissent

Greater Atlanta Homebuilders Ass'n v. DeKalb County

Supreme Court of Georgia

Decided November 10, 2003No. S03A0552Published

1DissentCarley, Justice

I respectfully submit that the majority’s efforts to uphold the DeKalb County Tree Ordinance repeatedly fall short, on both statutory and constitutional grounds. As the majority must and does recognize, the ordinance is “comprehensive,” to say the least. Majority opinion, p. 295. However, the opinion does not include even a cursory review of the ordinance’s requirements. The following summary of key provisions hopefully will remedy that omission, and will also demonstrate the draconian nature of the challenged ordinance:

The stated purposes of the ordinance broadly include the protection of…

2Cases cited16 opinions

  1. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  2. Dolan v. City of TigardSupreme Court of the United States · 1994
  3. Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning AgencySupreme Court of the United States · 2002
  4. City of Monterey v. Del Monte Dunes at Monterey, Ltd.Supreme Court of the United States · 1999
  5. Garneau v. City of SeattleCourt of Appeals for the Ninth Circuit · 1998

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