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CITY OF McDONOUGH v. TUSK PARTNERS

No. S97A1175.

492 S.E.2d 206 (1997)

268 Ga. 693

CITY OF McDONOUGH et al. v. TUSK PARTNERS.

Supreme Court of Georgia.

Reconsideration Denied November 21, 1997.

Attorney(s) appearing for the Case

Kirk Randall Fjelstul, Peter Ralph Olson, Jenkins & Nelson, Cartersville, for City of McDonough et al.

Richard A. Newton, Charles F. Palmer, Troutman Sanders, Atlanta, William S. Hardman, Gainesville, for Tusk Partners.

HUNSTEIN, Justice.

Tusk Partners, a Georgia general partnership, filed an application with the City of McDonough to rezone 19.28 acres of land it contends is in the City of McDonough. Tusk first sought to have the land zoned from R-200 (single family residential) to C-3 (highway commercial); the city planning staff and an expert land use planner recommended the application be denied, but that the property be rezoned to R-100 (still residential but with smaller lot...

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