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CITY OF ATLANTA v. TAP ASSOCIATES

No. S00A2086.

544 S.E.2d 433 (2001)

273 Ga. 681

CITY OF ATLANTA et al. v. TAP ASSOCIATES, L.P.

Supreme Court of Georgia.

Reconsideration Denied April 20, 2001.

Attorney(s) appearing for the Case

Susan P. Langford, David D. Blum, Lemuel H. Ward, for appellants.

Kilpatrick Stockton, Wyckliffe A. Knox, Jr., Michael E. Brooks, Atlanta, for appellee.

Robert L. Zoeckler, Thomas A. Bowman, John A. Nix, Susan M. Pruett, Atlanta, amici curiae.

FLETCHER, Presiding Justice.

This rezoning case involves 9.35 acres of property at the northwest corner of Phipps Boulevard and Lenox Road in the city of Atlanta. TAP Associates, a limited partnership, sought to rezone the land from residential to mixed-use development. The city council denied the application, and the developer appealed. Following a bench trial, the trial court found unconstitutional the city's existing zoning and the proposed zoning in the city's...

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