BERKELBAUGH v. GREEN

45284.

258 Ga. 150 (1988)

366 S.E.2d 284

BERKELBAUGH et al. v. GREEN.

Supreme Court of Georgia.

Decided April 6, 1988.


Attorney(s) appearing for the Case

McNally, Fox, Mahler & Cameron, William R. McNally, R. Mark Mahler, for appellants.

Hancock, Dunn & Shuping, Jack R. Hancock, for appellee.


CLARKE, Presiding Justice.

In this zoning variance case, the trial court declared a portion of the Fayette County zoning ordinance unconstitutional, saying that it impermissibly granted legislative authority to the County Board of Zoning Appeals. The action came before the trial court after the Greens filed suit complaining the Board acted arbitrarily and capriciously in denying their applications for variances.

In this appeal, the county and the Board of...

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