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CATOOSA COUNTY v. R.N. TALLEY PROPERTIES

No. S07A0884.

651 S.E.2d 7 (2007)

CATOOSA COUNTY et al. v. R.N. TALLEY PROPERTIES, LLC et al.

Supreme Court of Georgia.

Reconsideration Denied September 24, 2007.

Attorney(s) appearing for the Case

Clifton M. Patty Jr., Patty & Young, LLC, Ringgold, for Appellants.

H. Wayne Phears, David John Forestner, Phears & Moldovan, Atlanta, Frank Edward Jenkins III, Jenkins & Olson, P.C., Cartersville, for Appellees.

CARLEY, Justice.

In 2002, the Board of Commissioners of Catoosa County (Board) rezoned certain property belonging to R.N. Talley Properties, LLC (Talley) from agricultural to industrial. Talley plans to lease the land to Southeastern Materials, Inc. (Southeastern) for construction and operation of an asphalt plant. Section 7.7.1 of the Catoosa County Code allows within an industrial district "[a]n industry which does not cause injurious noise, vibrations, smoke, gas...

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