Legal Opinion
Marietta Properties, LLC v. City of Marietta
Court of Appeals of Georgia
Decided August 31, 2012No. A12A1186PublishedCited by 4 opinions
1Opinion of the Court
Adams, Judge.
Marietta Properties, LLC sued the City of Marietta (the “City”) seeking a declaration that it had a vested right to build an approximately sixty-six foot tall, five-story building on its property, notwithstanding that a recently enacted ordinance limited the height of structures within portions of the City’s historic district to forty-two feet. The trial court dismissed the action, and Marietta Properties appeals. We agree with the trial court that Marietta Properties’ claim is not ripe for judicial determination. Accordingly, we affirm.
The record shows that Marietta Properties…
2Cases cited13 opinions
- Department of Transportation v. DupreeCourt of Appeals of Georgia · 2002
- WMM Properties, Inc. v. Cobb CountySupreme Court of Georgia · 1986
- City of Atlanta v. Hotels.com, L.P.Supreme Court of Georgia · 2009
- Northeast Georgia Cancer Care, LLC v. Blue Cross & Blue Shield of Georgia, Inc.Court of Appeals of Georgia · 2009
- Mayor of Savannah v. Savannah Cigarette & Amusement Services, Inc.Supreme Court of Georgia · 1996
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3Cited by4 opinions
- Fulton County v. City of AtlantaSupreme Court of Georgia · 2016
- City of Suwanee v. Settles Bridge Farm, LLCSupreme Court of Georgia · 2013
- Equity Trust Company v. JonesCourt of Appeals of Georgia · 2016
- PETREE v. GEORGIA DEPARTMENT OF TRANSPORTATION Et Al.Court of Appeals of Georgia · 2017