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Schumacher v. City of Roswell

Court: Georgia Court of Appeals
Case Number: 2017 WL 6602384
Decision Date: December 27, 2017
Case Type: Zoning
The Court of Appeals of Georgia held that the Georgia Zoning Procedures Law provided for procedures to address alleged issues with the adoption of a new zoning code, including affording the general public due process. Plaintiffs were citizens and taxpayers of the City of Roswell, owning residential property, who voiced concerns about a proposed zoning code at the required public meetings to adopt the new zoning code. After the city adopted the code the plaintiffs filed suit challenging the manner in which the code was adopted.

The plaintiffs argued that the zoning procedures law did not satisfy due process because it required notice of a hearing but did not provide property owners with a "meaningful opportunity to be heard". The court held that the zoning procedures law required local governments to conduct a public hearing before adoption and if the local government failed to do so then aggrieved property owners could sue to have the ordinance declared invalid. The court held that this was a meaningul opportunity to be heard. 
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