Browning v. Cobb County
Browning v. Cobb County
Opinion of the Court
This zoning case involves 251 acres of vacant property surround
After hearing the evidence, the trial court made findings of fact that may be summarized as follows. The property is not unsuitable for residential development, even though its value would be substantially higher if rezoned as proposed by appellants. The value of the property as zoned is approximately $5,000,000 to $6,000,000. Its value if rezoned as proposed by appellants would be about $19,000,000. The property is zoned consistently with a county land use plan that provides for commercial development along the Canton Road corridor to the west of the property and along the I-75/I-575 corridor to the east of the property. The plan seeks to preserve the residential character of the area lying between the two corridors. The property is bounded on most sides by stable residential areas with good markets for residential sales. Rezoning the property and developing it as proposed would drastically change the character of the area and would lower the value of surrounding homes by $20,000 to $30,000. The proposed development would also increase the traffic in the area beyond present road capacity. It would further absorb all of the reserve capacity of the future road improvements planned by the county.
The essential issue in a challenge to the constitutionality of a zoning ordinance is whether the property owner has suffered a significant detriment that is insubstantially related to the public health, safety, morality, and welfare. Gradous v. Bd. of Commrs. of Richmond County, 256 Ga. 469 (349 SE2d 707) (1986). However, zoning ordinances are presumptively valid; the party challenging the ordinance must establish its unconstitutionality by clear and convincing evidence. Id. at 471. Here, the trial court decided that detriment suffered by the landowners is not unconstitutional in light of the strong relationship between the zoning restrictions and the public benefit.
1. In several of their enumerations of error appellants challenge the factual conclusions of the trial court. Our standard of review as to the facts found by the Superior Court is the clearly erroneous test. City of Roswell v. Heavy Machines Co., 256 Ga. 472 (349 SE2d 743) (1986); Bd. of Commrs. v. Skelton, 248 Ga. 855 (286 SE2d 729) (1982). Here, although the evidence in appellants’ favor was more voluminous than the evidence favoring the county, the findings of fact are adequately supported in the record and are not clearly erroneous.
2. Appellants contended below that the zoning classifications on their property are unconstitutional because of the economic unfeasibility of developing the property under the existing low density residential classifications. Appellants now assert that the court erred by failing to accord their economic feasibility studies the appropriate
Judgment affirmed.
Dissenting Opinion
dissenting.
My feeling is that this case is controlled by Candler & Assoc. v. City of Roswell, 258 Ga. 621 (373 SE2d 19) (1988). Therefore, I dissent.
Reference
- Full Case Name
- BROWNING Et Al. v. COBB COUNTY Et Al.
- Cited By
- 1 case
- Status
- Published