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CHEROKEE COUNTY v. MARTIN

No. A01A0265.

559 S.E.2d 138 (2002)

253 Ga. App. 395

CHEROKEE COUNTY et al. v. MARTIN.

Court of Appeals of Georgia.

January 23, 2002.

Attorney(s) appearing for the Case

Freeman, Mathis & Gary, Theodore Freeman, Dana K. Maine, John D. Thalhimer, Atlanta, for appellants.

Brockman & Teague, James S. Teague, Jr., Atlanta, Sams & Larkin, Joel L. Larkin, Marietta, for appellee.

MILLER, Judge.

At Steve Martin's request, Cherokee County rezoned his property to a "Planned Unit Development" (PUD) classification based on his site plan showing that a portion of the property would be used for an "assisted living" facility. Cherokee County did not make the zoning conditional on compliance with the site plan. When Martin sought a development permit to build a multi-family apartment building in the designated area, Cherokee County refused the permit...

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