Challenging zoning restrictions in Georgia

As any real estate development expert in Gainesville will tell you, one of the primary keys to success in such ventures is "location, location, location." Several past clients have come to us here at The Roberts Law Firm, P.C. convinced that they had found the prime location for their development projects, only to then see their efforts thwarted due to zoning issues. If you are encountering the same difficulties, what are you to do? Is it possible to challenge zoning restrictions? 

In the state of Georgia, the answer to that question is yes. In rulings handed down by the state's Supreme Court, the validity of zoning laws as being debatable has been recognized. The standard for successfully challenging such restrictions has been established at you being able to prove two points: That your proposed reclassification of zoning ordinances is insubstantially related to the health, safety, morality and welfare of the general public, and that current restrictions impose a significant detriment to you. If your challenge is deemed to be valid, the local government must then respond by showing its evidence as to why the land is best zoned as is. 

Proving the first point may seem fairly straightforward, yet how can you successfully argue the second? Authorities may view your argument that the value of the land that you wish to have rezoned will inevitably increase if rezoned as being irrelevant. That is because it goes without saying that a purposeful attempt to maximize the use of property will increase its value. Rather, your ability to show that current zoning restrictions significantly inhibit you depends on you proving that they keep you from exercising your property rights without due process. 

You can learn more about dealing with zoning issues by continuing to explore our site. 

No Comments

Leave a comment
Comment Information
  • State Bar of Georgia - Lawyers Serving the Public and the Justice System
  • Gainesville, Georgia - Since 1821
  • TOBA - Thoroughbred Owners & Breeders Association
  • Fenway-Foundation

Tell Us About Your Legal Need

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

The Roberts Law Firm, P.C.
604 Green Street
Gainesville, GA 30501

Toll Free: 866-594-7535
Phone: 404-537-2796
Fax: 404-841-0775
Gainesville Law Office Map