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JERVEY v. CITY OF MARIETTA

No. S02A0036.

559 S.E.2d 457 (2002)

274 Ga. 754

JERVEY v. CITY OF MARIETTA et al.

Supreme Court of Georgia.

February 4, 2002.

Attorney(s) appearing for the Case

Moore, Ingram, Johnson & Steele, John H. Moore, John K. Moore, Marietta, for appellant.

Haynie, Litchfield & Crane, Douglas R. Haynie, H. Scott Gregory, Jr., Marietta, for appellee.

CARLEY, Justice.

Richard Jervey filed an application to rezone 2.278 acres in Marietta, at the major intersection of the 120 Loop/South Marietta parkway, Powder Springs Road, and Reynolds Street. The property is currently classified as office and institutional (OI), and Jervey sought rezoning to the neighborhood retail commercial (NRC) classification, so as to permit the development of a Walgreen's store. The City denied the rezoning application, and Jervey brought...

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