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MARIETTA PROPERTIES v. CITY OF MARIETTA

No. A12A1186.

732 S.E.2d 102 (2012)

MARIETTA PROPERTIES, LLC v. CITY OF MARIETTA et al.

Court of Appeals of Georgia.

August 31, 2012.

Attorney(s) appearing for the Case

Zachary McCree Wilson III , Atlanta, F. Edwin Hallman Jr. , Richard Anthony Wingate , Marietta, for Appellant.

Dana Kristin Maine , Atlanta, Daniel Walter White , Douglas R. Haynie , Marietta, for Appellee.

ADAMS, Judge.

Marietta Properties, LLC sued the City of Marietta (the "City") seeking a declaration that it had a vested right to build an approximately sixty-six foot tall, five-story building on its property, notwithstanding that a recently enacted ordinance limited the height of structures within portions of the City's historic district to forty-two feet. The trial court dismissed the action and Marietta Properties appeals. We agree with the trial

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