Haygood v. City of Doraville

Full title: HAYGOOD et al. v. CITY OF DORAVILLE et al

Court: Supreme Court of Georgia

Date published: Dec 17, 1986

350 S.E.2d 766 (Ga. 1986)

350 S.E.2d 766

Opinion

43383.

DECIDED DECEMBER 17, 1986. RECONSIDERATION DENIED JANUARY 7, 1987.

Zoning. DeKalb Superior Court. Before Judge Seeliger.

Zachary Segraves, Kenneth W. Carpenter, for appellants.

Edward E. Carter, James C. Watkins, for appellees.

CLARKE, Presiding Justice.

The facts in this case indicate that appellants have suffered a serious deprivation which is not counterbalanced by significant public benefit from the present zoning. The deprivation here meets the standards set out in Gradous v. Bd. of Commrs. of Richmond County, 256 Ga. 469 ( 349 S.E.2d 707) (1986) and City of Roswell v. Heavy Machines Co., 256 Ga. 472 ( 349 S.E.2d 743) (1986), and equals that suffered by the plaintiffs in DeKalb County v. Albritton Properties, 256 Ga. 103 ( 344 S.E.2d 653) (1986). Because the land of the appellants was rendered practically worthless by the present zoning, the finding of the trial court was clearly erroneous and should be reversed. City of Roswell v. Heavy Machines Co., supra.

We extend the September term relative to this case to enable the appellees to file a motion for reconsideration. OCGA § 15-2-4.

Judgment reversed. All the Justices concur, except Gregory, Bell and Hunt, JJ., who dissent.

CLARKE, Presiding Justice.

DECIDED DECEMBER 17, 1986 — RECONSIDERATION DENIED JANUARY 7, 1987.

CLARKE, Presiding Justice.