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ROCKDALE COUNTY v. BURDETTE

No. S04A0719.

604 S.E.2d 820 (2004)

278 Ga. 755

ROCKDALE COUNTY et al. v. BURDETTE.

Supreme Court of Georgia.

Reconsideration Denied December 9, 2004.

Attorney(s) appearing for the Case

Maddox, Nix, Bowman & Zoeckler, John A. Nix, Thomas A. Bowman, Robert L. Zoeckler, Conyers, for appellants.

Zachary & Segraves, Kenneth L. Levy, Kenneth W. Carpenter, Stephen Mark Gibbs, Decatur, for appellee.

BENHAM, Justice.

We granted Rockdale County's application for discretionary review of the trial court's ruling that the Rockdale County Board of Commissioners' refusal to re-zone a .69-acre piece of property violated the property owner's constitutional right to equal protection of the law. Because equal protection applies to similarly-situated property owners and the existence of a pre-existing nonconforming use prevents landowners from being similarly situated (...

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