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Diverse Holdings And Diversified Holdings: Uncertainty In Georgia’S Procedure For Seeking Judicial Review Of Rezoning Decisions, Laura E. Nelson
Diverse Holdings And Diversified Holdings: Uncertainty In Georgia’S Procedure For Seeking Judicial Review Of Rezoning Decisions, Laura E. Nelson
Georgia Law Review
To determine the proper procedure by which landowners
may seek judicial review of adverse decisions on rezoning
applications, Georgia courts must consider the nature of
rezoning decisions. For decades, the courts have held—with
little explanation—that rezoning decisions are legislative acts
subject to de novo review. Then, in the 2017 case Diversified
Holdings, LLP v. City of Suwanee, the Georgia Supreme
Court classified rezoning decisions as adjudicative acts that
may only be reviewed by writ of certiorari. Because the court
did not explicitly overturn the decades of precedent classifying
rezoning decisions as legislative acts, however, the nature of
rezoning decisions—and thus …