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Firm Obtains Reversal of Municipal Zoning Board of Appeals

Written by Firm | May 27, 2015 | Results

 

The Dekalb County Superior Court issued a stinging rebuke of the Dunwoody Zoning Board of Appeals on May 27, 2015. Josh Belinfante and Rachel Gage represent a facility seeking to provide care and treatment to children with eating disorders in a residential setting. When neighborhood opposition led to a ZBA reversal of the City’s grant of authority to operate the center, we appealed to the Superior Court. Judge Seeliger decided that the ZBA committed four abuses of discretion: (1) failing to apply the appropriate statute of limitations to appeal; (2) attempting to change and ordinance by reading language into the law that was not present; (3) applying the wrong standard of review; and (4) allowing an appeal to proceed despite the neighbors’ lack of standing. Each warranted reversal of the ZBA’s decision.

 

For more information, please contact Josh Belinfante or Rachel Gage.