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POWELL v. CITY OF SNELLVILLE

No. S95A1592.

467 S.E.2d 540 (1996)

266 Ga. 315

POWELL v. CITY OF SNELLVILLE, Georgia et al.

Supreme Court of Georgia.

March 4, 1996.

Attorney(s) appearing for the Case

Anthony O.L. Powell, Robert Jackson Wilson, Webb, Tanner & Powell, Lawrenceville, for Powell.

Frank E. Jenkins, III, Jenkins & Eells, Atlanta, Lee W. Oxendine, Snellville, Peter R. Olson, Jenkins & Nelson, Atlanta, for City of Snellville et al.

HINES, Justice.

The question is whether or not the property owner in this case had to file an application for rezoning with local authorities before seeking a judicial determination of the constitutionality of the property's zoning.

Mrs. Powell is the owner of an 11.16 acre tract of land in Gwinnett County. Powell planned to sell the tract for development as a parking facility for a shopping mall to be built on adjacent property. Powell's property was annexed...

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