Agenda - Planning Commission - 03/06/2008

Home

'~") (') \. / " January 10, 2008 I Volume 21 No, 1 it concluded that Calagione did not lack standing to challenge the subdivision approvals. However, the granting of an injunction was considered an "ex- traordinary" form of relief, and Calagione could not demonstrate that an injunction was appropriate here. For the request for an in- junction to be granted, Calagione had to demonstrate that: 1) there was a reasonable probability of success on the merits; 2) irrepara- ble injury would occur if an injunction was not issued; and 3) the harm suffered absent the injunction would outweigh the harm to the city if an injunction was not issued, While the court-in finding that Calagione did have standing to bring a claim-had found that Calagione could possibly suffer harm as a result of the alleged zoning violation, it concluded that he would likely not suffer this harm until the completion of construction of the building authorized under the permit. The court found that issu- ance of an injunction would be "premature," because, at the point at which it was requested, "all that has happened is that the City has approved the Maull and Healing subdivision applications." The court noted further that an injunction was not appropriate because the process that was in place that governed the construction of structures on the properties included several hurdles, such as zon- ing inspections and building permit applications. Due to this process, it was entirely possible that no structure would ever be constructed on the properties; further, if permits were approved to build on the property, Calagione could challenge those approvals at that time. The request for injunction was denied. See also: Bethany West Recreation Ass'n, Inc. v. ECR Properties, Inc., 1995 WL 1791084 (Del.Ch.). Due Process-Residents claim city sidestepped necessary hearing, notice procedures in rezoning property City counters granting petitions did not rise to level of constitutional violation . (,j Citation: Bass v. City of Forsyth, 2007 WL 4117778 (M.D. Ga.) GEORGIA (11/16/07)-On July 5, 2006, the mayor and citycoun- cil of the city of Forsyth published a notice announcing that a pub- lic hearing would be held on July 18 to consider several pending rezoning applications. The applicants sought to change the zoning classification on nine parcels of land from residential. or mixed use to commercial. The notice also stated that the applications would first be con- sidered by the zoning commission for recommendations to the city 7 111