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CENTURY CENTER AT BRASELTON LLC v. TOWN OF BRASELTON

No. S09A0647.

677 S.E.2d 106 (2009)

CENTURY CENTER AT BRASELTON, LLC et al. v. TOWN OF BRASELTON et al.

Supreme Court of Georgia.

May 4, 2009.

Attorney(s) appearing for the Case

Balch & Bingham, Michelle M. Rothenberg-Williams, Michael J. Bowers, Elizabeth Righton Johnson, T. Joshua R. Archer, McKenna, Long & Aldridge, Barry J. Armstrong, Atlanta, for appellants.

Henderson & Hundley, Laurel E. Henderson, Kelly Michael Hundley, for appellees.

CARLEY, Justice.

In 2004, the Town of Braselton annexed a 26-acre parcel of land owned by Appellants with frontage on State Route 211. In March 2005, the Town created an overlay zoning district requiring certain improvements along S.R. 211. With respect to "Phase I" of their development, Appellants applied for a development permit and a variance exempting the property from required improvements within the right-of-way for S.R. 211. The Town's Planning Department recommended...

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