Diversified Holdings, LLP v. City of Suwanee and Vice Versa

Summary

The Court held that an appeal from a superior-court order reviewing a local government’s individualized zoning decision requires a discretionary application, which Diversified had properly filed. On the merits, the Court affirmed the denial of rezoning because the existing classification was substantially related to public health, safety, and welfare, and clarified that the substantially-advances inquiry is a due-process standard rather than a takings standard. The Court did not decide the City’s cross-appeal concerning substantial detriment because the zoning denial was properly upheld. Justice Peterson, concurring, would reserve for another case whether Georgia’s Just Compensation Clause has a broader scope than the federal Takings Clause.