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Full-Text Articles in Law

Zoning And Land Use Law, Newton M. Galloway, Steven L. Jones Dec 2020

Zoning And Land Use Law, Newton M. Galloway, Steven L. Jones

Mercer Law Review

During the Survey period, the Supreme Court of the United States in Knick v. Township of Scott gave aggrieved property owners in Georgia a federal taking claim for inverse condemnation resulting from a zoning regulation that the Georgia Supreme Court had previously denied them under state law in Diversified Holdings, LLP v. City of Suwanee. The Georgia Court of Appeals further refined York v. Athens College of Ministry. Finally (on a note inseparable with zoning), the Georgia Supreme Court encountered a case defining the parameters of the Georgia Open Meetings Act.


Zoning And Land Use Law, Newton M. Galloway, Steven L. Jones Jan 2020

Zoning And Land Use Law, Newton M. Galloway, Steven L. Jones

Mercer Law Review

With the close of the survey period for the seventy-first (71st) volume of the Mercer Law Review, development throughout the State of Georgia continued to thrive. While traditional brick-and-mortar commercial development is evolving, residential and industrial development remains steady. As a result, zoning challenges continued to present issues for resolution by Georgia’s appellate courts. This Article identifies important zoning and land use decisions of the Georgia Supreme Court (supreme court) and Georgia Court of Appeals (court of appeals) issued between June 1, 2018 and May 31, 2019.

Generally, the decisions by Georgia’s appellate courts in zoning related cases continued the …


Remarks And Recreation: Recent Changes In The Recreational Property Act And The State Of The Law Going Forward, M. Blake Walker Jan 2020

Remarks And Recreation: Recent Changes In The Recreational Property Act And The State Of The Law Going Forward, M. Blake Walker

Mercer Law Review

In 1965, the Georgia General Assembly passed the Recreational Property Act (RPA or the Act), which generally grants landowners protection from liability when they open up their property for recreational purposes. Almost all states have enacted recreational use statutes, and it has been said that these statutes “codify tort principles that are universally recognized in common-law jurisdictions with regard to duties owed by owners and occupiers of property to those who come upon such property merely as licensees to use it for outdoor recreational purposes.” The Georgia version declares, “The purpose of this [law] is to encourage owners of land …