Legal Opinion

DeKalb County v. Wal-Mart Stores, Inc.

Supreme Court of Georgia

Decided October 12, 2004No. S04A1579PublishedCited by 10 opinions

1Opinion of the Court

CARLEY, Justice.

In July 2002, Wal-Mart Stores, Inc. filed a variance application with the DeKalb County Board of Zoning Appeals, seeking permission to erect on its property a sign with a height greater than that permitted by the County’s sign ordinance. The Board denied the application, and Wal-Mart challenged the denial by filing a petition for writ of certiorari in superior court, contending that it met the criteria for a variance. Wal-Mart later amended the petition by adding a claim for declaratory relief, arguing that the zoning procedures enacted by the County in 2001 and 2002 were…

2Cases cited10 opinions

  1. Jackson v. Spalding CountySupreme Court of Georgia · 1995
  2. Shockley v. Fayette CountySupreme Court of Georgia · 1990
  3. McClung v. RichardsonSupreme Court of Georgia · 1974
  4. North Fulton Medical Center, Inc. v. RoachSupreme Court of Georgia · 1995
  5. O S Advertising Co. of Georgia, Inc. v. RubinSupreme Court of Georgia · 1994

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3Cited by10 opinions

  1. City of Cumming v. FlowersSupreme Court of Georgia · 2017
  2. SOUTHERN LNG, INC. v. MacGINNITIESupreme Court of Georgia · 2014
  3. Dukes v. Board of Trustees for the Police Officers Pension FundSupreme Court of Georgia · 2006
  4. Haralson County v. Taylor Junkyard of Bremen, Inc.Supreme Court of Georgia · 2012
  5. DeKalb County v. Cooper HomesSupreme Court of Georgia · 2008

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