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SCHMITT v. JACKSON COUNTY

No. A04A0759.

601 S.E.2d 169 (2004)

267 Ga. App. 764

SCHMITT et al. v. JACKSON COUNTY et al.

Court of Appeals of Georgia.

June 10, 2004.

Attorney(s) appearing for the Case

Weissman, Nowack, Curry & Wilco, P.C., Ryan M. Pott, Atlanta, for appellants.

Brennan & Wasden, Christopher D. Elrod, Jefferson, Haygood & Pruett, Michael C. Pruett, Watkinsville, for appellee.

RUFFIN, Presiding Judge.

This is a zoning case in which the Jackson County Board of Commissioners approved Clay Dale's application to rezone certain land in Jackson County. Roy Schmitt and Tina Russano appealed the rezoning decision to the superior court and sought a declaratory judgment that the decision was null and void. Following a hearing, the superior court granted Dale's motion for summary judgment,1 and Schmitt and Russano now...

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