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HENRY COUNTY v. TIM JONES PROPERTIES

No. S00A1200.

539 S.E.2d 167 (2000)

273 Ga. 190

HENRY COUNTY et al. v. TIM JONES PROPERTIES, Inc. et al.

Supreme Court of Georgia.

November 30, 2000.

Attorney(s) appearing for the Case

Crumbley & Crumbley, Wade M. Crumbley, for appellant.

Dillard & Galloway, G. Douglas Dillard, Andrea C. Jones, Atlanta, for appellee.

Schreeder, Wheeler & Flint, David H. Flint, Mark W. Forsling, Troutman Sanders, Harold G. Clarke, Charles F. Palmer, David C. Kirk, Wilson, Brock & Irby, Richard W. Wilson, Jr., Michelle LeFaivre, Washington DC, amicus curiae.

BENHAM, Chief Justice.

In its order declaring unconstitutional the re-zoning decision of the Board of Commissioners of Henry County, the trial court found that the commissioners' imposition of a zoning classification to the subject property was arbitrary and capricious and amounted to an unconstitutional taking, and that the zoning classification imposed amounted to "exclusionary zoning." We granted Henry County's application...

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