Jervey v. City of Marietta

Summary

The Georgia Supreme Court reviewed a challenge to the City of Marietta’s denial of rezoning for property proposed for development as a Walgreens store. Applying the balancing test for unconstitutional takings in zoning cases, the court held that the existing office and institutional classification served the substantial public interest of buffering an adjoining residential area and affirmed the trial court’s judgment for the City.

Holdings

1. The relevant inquiry is whether the current zoning classification causes the property owner a significant detriment having no substantial relation to the public health, safety, morality, and welfare, rather than simply whether the denial of the requested rezoning was an unconstitutional taking.
2. The OI classification did not constitute an unconstitutional taking because the City demonstrated a substantial public benefit in protecting surrounding residential neighborhoods and Jervey did not present clear and convincing evidence requiring a contrary result.

Questions Presented

1. Whether the trial court applied the correct legal standard in determining whether the City's denial of rezoning and existing OI classification constituted an unconstitutional taking.
2. Whether the evidence required a finding that the City's zoning classification caused a significant detriment to Jervey without a substantial relation to the public health, safety, morality, and welfare.

Disposition

affirmed