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BICKERSTAFF CLAY PRODUCTS v. HARRIS COUNTY, GEORGIA

No. 94-9215.

89 F.3d 1481 (1996)

BICKERSTAFF CLAY PRODUCTS COMPANY, INC., Plaintiff-Appellee, v. HARRIS COUNTY, GEORGIA, By and Through its BOARD OF COMMISSIONERS; George Elmore; Danny Bridges; Carl C. Hobbs, III; Wallace Marriner; Warren Popp, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 16, 1996.

Attorney(s) appearing for the Case

Frank Edward Jenkins, III, Kirk Randall Fjelstul, Cartersville, GA, Ray L. Allison, Columbus, GA, C. Brian Boyd, Hamilton, GA, for appellants.

H. Wayne Phears, Norcross, GA, Joseph L. Waldrep, James E. Humes, II, Columbus, GA, for appellee.

Before TJOFLAT, Chief Judge, CARNES, Circuit Judge, and FAY, Senior Circuit Judge.

TJOFLAT, Chief Judge:

In this case, a company challenges under several provisions of state and federal law the decision of a county board of commissioners to rezone the company's property. The district court granted injunctive relief in favor of the company, and the county took this interlocutory appeal. For the reasons that follow, we affirm in part, reverse in part, and vacate in part.

I.

A.

The property in question is a landlocked 161...

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