Association of Guineans in Atlanta, Inc. v. DeKalb Country, 292 Ga. 362

Association of Guineans in Atlanta, Inc. sought a special land use permit (SLUP) for a single‑family residence in DeKalb County intended as a place of worship and family life center.
DeKalb County Board of Commissioners denied the SLUP; Association appealed for declaratory judgment, injunction, and writ of mandamus.
Trial court dismissed portions of the action, including constitutional claims and a RLUIPA claim, after motions to dismiss.
Association amended its complaint; the court again dismissed on grounds it failed to raise RLUIPA claims with prima facie showing.
The trial court held hearings and ultimately denied relief on the mandamus petition while dismissing the RLUIPA claim for improper analysis.
On appeal, the court held constitutional challenges must be raised before the local governing body, reversed the RLUIPA dismissal for improper analysis, and remanded; mandamus issues deemed premature.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether constitutional challenges to zoning were properly dismissed	Association argued constitutional claims were preserved by the worship-use assertion.	BOC was not put on notice of constitutional claims; challenges must be raised before the BOC.	Dismissal sustained; constitutional claims must be raised before the BOC.
Whether the RLUIPA claim was properly analyzed on a motion to dismiss	Trial court erred by not applying correct analysis and considering factual allegations.	Court should decide on pleadings only; no evidentiary consideration.	Reversed; remanded to apply correct legal analysis for a motion to dismiss.
Whether the mandamus petition was properly handled amid remand	Mandamus should proceed alongside other rulings.	Resolution premised on RLUIPA and other rulings; premature otherwise.	Prematurity resolved; mandamus relief vacated and may be revisited on remand.

Shockley v. Fayette County, 260 Ga. 489 (1990) (constitutional challenge must be raised before local governing body)
Cooper v. Unified Government of Athens-Clarke County, 277 Ga. 360 (2003) (requirement to raise constitutional issues before governing body)
Ashkouti v. City of Suwanee, 271 Ga. 154 (1999) (verbal assertion of constitutional challenge may preserve notice)
DeKalb County v. Bremby, 252 Ga. 510 (1984) (zoning challenges cannot be based on mere nonconformity statements)
Northway v. Allen, 291 Ga. 227 (2012) (dismissal standards when considering complaint allegations)