Southern States-Bartow County, Inc. v. Riverwood FarmAnnotate this Case
In 1991, the Georgia Supreme Court declared Bartow County’s zoning ordinance to be invalid. Two years later, Bartow County enacted a new zoning ordinance that, among other things, included a provision addressing vested rights for nonconforming use that were acquired during the absence of a valid zoning ordinance. Twenty-five years later, this case required a determination as to whether that 1993 vested-right provision was unconstitutional as applied to Appellant Southern States-Bartow County, Inc. Though the trial court concluded that the zoning provision in question suffered no constitutional infirmity, the Supreme Court disagreed. Because the zoning provision is unconstitutional as applied to Southern States, the Court reversed the judgment of the trial court and remanded for further proceedings.