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CITY OF MARIETTA v. TRATON CORP.

40620.

253 Ga. 64 (1984)

316 S.E.2d 461

CITY OF MARIETTA et al. v. TRATON CORPORATION et al.

Supreme Court of Georgia.

Decided June 12, 1984.

Attorney(s) appearing for the Case

Troutman, Sanders, Lockerman & Ashmore, Norman L. Underwood, Crowe & Manheim, Arthur L. Crowe, Jr., Downey, Cleveland, Moore & Parker, Lynn A. Downey, Herbert D. Shellhouse, for appellants.

Alston & Bird, G. Conley Ingram, Peter M. Degnan, for appellees.

CLARKE, Justice.

This appeal involves a suit filed by neighboring landowners against appellants Defoor Properties, Inc. and the Marietta City Council challenging the rezoning of a tract of land owned by Defoor. The trial court ruled in favor of the neighbors on the grounds that the decision to rezone was arbitrary and that the actions of the City Council constituted illegal contract zoning. We reverse.

When Defoor purchased the property in 1981 it was located...

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