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GA HB1127
Bill
Status
Introduced
3/5/2020
Primary Sponsor
Andrew Welch
Click for details
AI Summary
- Suits alleging a county or municipal zoning decision is unconstitutional or contrary to law must be brought as civil actions under the Georgia Civil Practice Act, not as appeals under Chapter 3 of Title 5, even when involving a single parcel of property
- Sovereign immunity is waived for counties and municipalities in lawsuits challenging zoning decisions or conditions imposed with approved zoning decisions as contrary to law
- The sovereign immunity waiver does not extend to claims for money damages, attorney fees, or costs of litigation
- Defines key terms including "agency," "contested case," "party," and "development and characteristics of the use of land related to its zoning," which covers subdivision ordinances, riparian/vegetative resource ordinances, and building and fire code applications
- Appeals to superior court of non-zoning-decision determinations by county or municipal agencies that affect land development and use characteristics related to zoning are also protected from dismissal on sovereign immunity grounds
Legislative Description
Local government; zoning procedures; provide for suits against counties and municipalities
Last Action
House Second Readers
3/10/2020
Full Bill Text
No bill text available