HILL, Chief Justice.
We granted this interlocutory appeal from the denial of DeKalb County's motion for summary judgment in this zoning case. The issues involved are whether the property owner waived his constitutional claim by failing to raise it before the board of commissioners and whether, in overruling the county's motion for summary judgment, the trial court also erred in sua sponte requiring a jury trial. We will consider these issues in reverse order.
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