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LEWIS v. BROWN

No. 04-15335 Non-Argument Calendar.

409 F.3d 1271 (2005)

Earle B. LEWIS, Button Lewis, Terry Lewis, Plaintiffs-Appellants, v. Clarence BROWN, in his Official Capacity as Bartow County Commissioner, Bartow County, Georgia, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 11, 2005.

Attorney(s) appearing for the Case

Mark W. Forsling, David H. Flint, Schreeder, Wheeler & Flint, Atlanta, GA, for Plaintiffs-Appellants.

Peter R. Olson, Jenkins & Olson, P.C., Cartersville, GA, for Defendants-Appellees.

Before CARNES, HULL and WILSON, Circuit Judges.

PER CURIAM:

This case presents the issue of whether a county commissioner's decision to deny the application of three landowners to rezone their property is an executive or legislative decision. Because we agree with the district court that the county commissioner's decision is executive, we affirm that court's decision to dismiss the landowners' complaint for failure to state a claim.

I.

Earle B. Lewis, Button Lewis, and Terry Lewis jointly own...

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