MONTEREY COMM. COUNCIL v. DEKALB COUNTY PLANNING COMMISSION

No. A06A1366.

637 S.E.2d 488 (2006)

MONTEREY COMMUNITY COUNCIL et al. v. DeKALB COUNTY PLANNING COMMISSION et al.

Court of Appeals of Georgia.

October 13, 2006.


Attorney(s) appearing for the Case

Susan Garrett, Susan M. Garrett, P.C., Decatur, for Monterey Community Council.

Melanie Wilson, Eugene Reed, Jr., Assistant County Attorney, Decatur, David Flint, Mark Forsling, Schreeder Wheeler & Flint, Atlanta, Robert Burroughs, Burroughs & Keene, LLC, Lithonia, for DeKalb County Planning Commission.


RUFFIN, Chief Judge.

Legacy Investment Group, LLC ("Legacy") sought approval from the DeKalb County Planning Commission to develop a subdivision of 124 townhomes. The Monterey Community Council, Johnnie Fogle, and Jamie White (collectively, "property owners") opposed the development, asserting that it violated several DeKalb County ordinances. Nonetheless, the Planning Commission approved the plan in February 2005.

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