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LAMAR COUNTY v. E.T. CARLYLE CO.

No. S03A1740.

594 S.E.2d 335 (2004)

277 Ga. 690

LAMAR COUNTY et al. v. E.T. CARLYLE COMPANY.

Supreme Court of Georgia.

March 22, 2004.

Attorney(s) appearing for the Case

Smith, Galloway, Lyndall & Fuchs, Newton M. Galloway, Dean R. Fuchs, Griffin, Lindsey & Jacobs, Tamara Jacobs, Barnesville, for appellant.

George E. Butler, II, Dahlonega, Vaughn, Wright & Stearns, LLP, James A. Vaughn, Forsyth, for appellee.

BENHAM, Justice.

E.T. Carlyle Company ("Carlyle") sought to locate a construction and demolition ("C&D") landfill in Lamar County on land zoned Agricultural-Residential. When Lamar County denied Carlyle's request for rezoning, Carlyle filed an action for declaratory judgment and mandamus. In an order ruling on four of the fourteen counts in Carlyle's complaint, the trial court found that Lamar County did not have a landfill designated as a C&D landfill, that...

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