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EAST-BIBB TWIGGS NEIGHBORHOOD ASS'N v. MACON BIBB PLANNING & ZONING COM'N

No. 89-8148.

896 F.2d 1264 (1989)

EAST-BIBB TWIGGS NEIGHBORHOOD ASSOCIATION, Robert Moffett and Roscoe Ross, Plaintiffs-Appellants, v. MACON BIBB PLANNING & ZONING COMMISSION and Mullis Tree Service, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

As Amended on Denial of Rehearing March 13, 1990.

Attorney(s) appearing for the Case

Lonzy F. Edwards, Edwards & Williams, Macon, Ga., for plaintiffs-appellants.

O. Hale Almand, Jr., Smith, Hawkins, Almand & Hollingworth, Macon, Ga., for Macon Bibb & Zoning.

William P. Adams, Adams, Hemingway, Wilson & Baxter, Macon, Ga., for Mullis.

Before TJOFLAT, Chief Judge, HATCHETT, Circuit Judge, and MORGAN, Senior Circuit Judge.

HATCHETT, Circuit Judge:

In this appeal brought by residents of an area in which a Georgia county plans to locate a landfill, the district court dismissed as "not ripe" due process and taking claims, and ruled against the residents, after a bench trial, on an equal protection claim. We affirm.

I. FACTS

On May 14, 1986, the Mullis Tree Service ("Mullis") applied to the Macon-Bibb County Planning and Zoning Commission ("the Commission") for a conditional...

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