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BBC LAND & DEVELOPMENT, INC. v. BUTTS COUNTY

No. S06A1686.

640 S.E.2d 33 (2007)

BBC LAND & DEVELOPMENT, INC. et al. v. BUTTS COUNTY et al.

Supreme Court of Georgia.

January 8, 2007.

Attorney(s) appearing for the Case

Winston A. Denmark, Steven M. Fincher, Fincher Denmark & Williams, LLC, Jonesboro, for Appellant.

Kenneth Gene Lawrence, Fears Lawrence & Turner, P.C., Michael A. O'Quinn, J. Kevin Walters, O'Quinn & Cronin, McDonough, for Appellee.

BENHAM, Justice.

This appeal concerns the question whether vested rights to build in accordance with prior zoning requirements are transferable. Appellants BBC Land & Development, Inc., (hereinafter, BBC) and JohnScar, LLC, (hereinafter, JohnScar) each bought property in Butts County for development. Both properties were zoned R-1-C, which at the time of appellants' purchases permitted construction of homes with a minimum size of 1,500 square feet. Both developers...

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