Kammerer Real Estate Holdings, LLC v. Forsyth County Bod. of Comm'rsAnnotate this Case
Kammerer Real Estate Holdings, LLC owned a lot on which it wanted to construct an automotive service facility. Kammerer applied for a site development permit. The lot was subject to a zoning condition under the Forsyth County Unified Development Code that certain “open space” on the lot remain undeveloped. The Director of the Forsyth County Department of Planning and Community Development concluded that the proposed construction would not comply with this condition, and so, he refused to issue a site development permit. Kammerer then asked the Forsyth County Board of Commissioners to amend the zoning condition, but the Board declined to do so. At that point, Kammerer filed this lawsuit against the County, the Board, and the Director, alleging that the Director had misconstrued the “open space” condition, and if it actually meant what the Director said it meant, it was unconstitutional in several respects. The defendants filed a motion to dismiss for failure to state a claim. The trial court granted the motion in part and denied it in part. Kammerer appealed the dismissal of certain claims, and the defendants cross-appealed the refusal of the trial court to dismiss other claims. The Georgia Supreme Court determined the trial court properly dismissed a claim for attorney fees, but reversed in all other respects, finding the trial court misinterpreted the controlling caselaw that governed this case, and remanded for further proceedings.