Bobo v. Cherokee County

2 Citing cases

  1. Waffle House v. DeKalb County

    261 Ga. 324 (Ga. 1991)   Cited 1 times

    "The test for determining whether the application of local zoning to a particular piece of property is unconstitutional is set out in Barrett v. Hamby, 235 Ga. 262 ( 219 S.E.2d 399) (1976), and in Guhl v. Holcomb Bridge Rd. Corp., [supra]." Bobo v. Cherokee County, 248 Ga. 554, 555 ( 285 S.E.2d 177) (1981). A property owner "is entitled to have the application scrutinized in light of the character of the land in question and the impact of the zoning decision upon property owners' rights.

  2. Sellars v. Cherokee County

    330 S.E.2d 882 (Ga. 1985)   Cited 4 times
    In Sellars v. Cherokee County, 254 Ga. 496 (330 S.E.2d 882) (1985), the plaintiff showed a significant detriment despite the fact that he admitted "that while the property could be used for residential purposes, the property was not desirable for use as zoned."

    A failure to afford this scrutiny under the facts in evidence amounts to a denial of due process. Bobo v. Cherokee County, 248 Ga. 554 ( 285 S.E.2d 177) (1981). There is evidence of substantial hardship to the property owner if the zoning decision is allowed to stand and, on the other hand, no evidence of public interest in the present zoning sufficient to offset that hardship.