DeKALB COUNTY v. POST APARTMENT HOMES

No. A98A2148.

506 S.E.2d 899 (1998)

234 Ga. App. 409

DeKALB COUNTY v. POST APARTMENT HOMES, L.P.

Court of Appeals of Georgia.

Certiorari Denied January 15, 1999.


Attorney(s) appearing for the Case

Jenkins & Nelson, Kirk R. Fjelstul, Cartersville, John I. Nichols, for appellant.

Glass, McCullough, Sherrill & Harrold, Kathryn M. Zickert, Shea E. Roberts, Donna J. Nance, Atlanta, for appellee.

David D. Blum, Atlanta, amicus curiae.


ELDRIDGE, Judge.

On January 7, 1997, Post Apartment Homes, L.P., plaintiff-appellee ("Post"), purchased 32.59 acres in DeKalb County. Previously, on January 24, 1996, DeKalb County, defendant-appellant, through its Board of Commissioners, passed an ordinance rezoning 28 acres of the property to RM-HD and C-1 zoning classifications, high-density, multi-family zoning classifications that are subject to development conditions.

Prior to the rezoning, Post negotiated...

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