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EAST GEORGIA LAND & DEV'T CO. v. BAKER

No. S09A1935.

690 S.E.2d 145 (2010)

EAST GEORGIA LAND AND DEVELOPMENT COMPANY, LLC v. BAKER et al.

Supreme Court of Georgia.

Reconsideration Denied March 1, 2010.

Attorney(s) appearing for the Case

Chamberlain, Hrdlicka, White, Williams & Martin, James L. Paul, Thomas C. Grant, Atlanta, for appellant.

William T. Craig, Covington, James B. Griffin, Cook, Noell, Tolley & Bates, Edward D. Tolley, Athens, Jenkins & Olson, Peter R. Olson, Cartersville, for appellees.

CARLEY, Presiding Justice.

The minutes of the May 21, 1985 meeting of the Newton County Board of Commissioners show that a new zoning ordinance was adopted. In 1997, East Georgia Land and Development Company, LLC (EGL) requested a letter verifying that its proposed landfill complied with the local zoning ordinance. See OCGA § 12-8-24(g). The County refused to issue the letter, on the ground that the landfill was not a permitted use under the 1985 zoning ordinance...

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