Dunaway v. City of Marietta

Clarke, Justice.

This is a zoning case in which we examine the issue of standing to attack the merits of a rezoning and the procedures used, and the issue of possible conflict of interest. We find that Dunaway lacks standing to attack the merits and procedures, but we also find the possible conflict of interest presents an issue of fact as to fraud and corruption. On this issue Dunaway has standing.

Appellee City of Marietta granted a rezoning application filed by appellee Georgia Associated Services, Inc. The property was rezoned from office-institutional to general commercial, restricted to…