Trial Court Upholds City’s Zoning Decision



A Fulton County Court recently issued a final judgement in favor of FMG’s city client in a case tried by partner Dana Maine. This is Ms. Maine’s third consecutive trial success in the last 5 months, including a successful jury trial defense verdict. In the most recent case, the city had denied an application to rezone a parcel of property to allow for apartments. Finding that the property owner had not demonstrated that it suffered from a significant detriment from the exisitng zoning which allowed for commercial development, the Court ended its inquiry. Thus, the trial court ruled that it need not reach the issue of whether the property owner had demonstrated the lack of public benefit from the existing zoning. As the economy continues to improve, we are seeing an uptick in zoning cases, and claims of this type are becoming more frequent. For further information on this case, please contact Ms. Maine at 770.818.1408 or