Supreme Court of Georgia

Schumacher v. City of Roswell

June 30, 2017

Summary

The court held that a facial challenge to the validity of a citywide zoning ordinance, unconnected to an individualized determination concerning a particular parcel, is not a zoning case requiring a discretionary-appeal application. Because the City Council acted legislatively rather than adjudicatively and the appeal did not seek review of an administrative decision, the plaintiffs were entitled to a direct appeal. The court reversed the Court of Appeals and remanded.