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Schumacher v. City of Roswell

Court: Georgia Supreme Court
Case Number: 301 Ga. 635
Decision Date: June 30, 2017
Case Type: Zoning
Two citizens and taxpayers of the City of Roswell filed suit against the city challenging the manner in which the city council approved a new zoning code. The city denied the allegations and sought a dismissal of the case. The trial court granted the city's motion for judgment on the pleadings and the citizens filed a direct appeal of an adverse ruling. The city, in response, sought to dismiss the direct appeal for lack of jurisdiction, arguing that the citizens were required to comply with the application procedures for a discretionary appeal. 

The Supreme Court of Georgia held that the enactment of a new zoning code was an exercise of legislative power and was not an adjudicative decision under state law. The Court also held that the lawsuit did not seek an individualized zoning-related relief and there was no individualized determination made by the city. As a result, the Court held that the new zoning code was not a decision as the Court had previously interpreted the statutory term. 
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