Cobb County v. Murphy

Summary

The Georgia Court of Appeals reviewed Cobb County's interlocutory appeal from an order denying dismissal of Ray Murphy's challenges to the rezoning of his property and denial of a special land use permit. The court held that Murphy's challenge to the May 2022 rezoning was untimely and that review of the June 2023 special land use permit denial was limited to the administrative record, precluding discovery. The court reversed in part, vacated in part, and remanded.

Holdings

1. A challenge to a zoning decision must be brought within 30 days of the written decision, and that deadline is jurisdictional. Because Murphy did not appeal the May 2022 rezoning within 30 days, the trial court lacked jurisdiction over claims challenging that decision and was required to dismiss them.
2. A challenge to the denial of a special land use permit must proceed by petition for review, and review is limited to the record developed before the local zoning authority. Discovery is therefore not authorized in the proceeding.

Questions Presented

1. Whether Murphy's challenges to the May 2022 rezoning decision were timely when first raised in July 2023.
2. Whether the trial court could permit discovery in a petition seeking review of the Board of Commissioners' denial of a special land use permit renewal.

Disposition

reversed_and_remanded