City of Suwanee v. Settles Bridge Farm, LLC
292 Ga. 434
| Ga. | 2013Background
- Settles Bridge assembled about 36 acres in Suwanee North in the R-140 district with plans for a residential subdivision.
- The City granted variances for the subdivision plan in 2006–2007.
- Notre Dame Academy expressed interest in buying the property for a school, and Settles Bridge sold it after confirming schools were permitted as of right.
- City then learned of Notre Dame's interest; in Feb 2008 the City adopted a moratorium on large residential projects.
- In May 2008 the City amended the zoning ordinance to require a special use permit (SUP) for large developments; Notre Dame would require an SUP, while pre-existing approvals were exempted; Settles Bridge did not obtain an SUP.
- Settles Bridge and Notre Dame sued the City challenging the moratorium and the SUP amendment; the trial court found a taking and awarded Damages, but the issue on appeal was ripeness and exhaustion of administrative remedies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion of administrative remedies required; futility exception available? | Settles Bridge argues futility excuses exhaustion. | City argues exhaustion required; futility not shown. | Exhaustion required; futility not shown; case reversed. |
Key Cases Cited
- Mayor & Aldermen of the City of Savannah v. Savannah Cigarette Amusement Svcs., 267 Ga. 173 (1996) (exhaustion required despite unsuccessful opposition at public hearing)
- City of Albany v. Oxford Solid Waste Landfill, 267 Ga. 283 (1996) (same-issue not already decided; Oxford not controlling here)
- Powell v. City of Snellville, 266 Ga. 315 (1996) (futility established when same issue would be reviewed by the same body)
- WMM Properties v. Cobb County, 255 Ga. 436 (1986) (futility where exhaustion would yield same decision by same body)
- Cooper v. Unified Govt. of Athens-Clarke County, 283 Ga. 111 (2008) (different standards between variance and other permits; same-issue futility not satisfied)
- Little v. City of Lawrenceville, 272 Ga. 340 (2000) (futility shown when administrative review would decide same issue)
- Ga. Dept. of Community Health v. Ga. Society of Ambulatory Surgery Centers, 290 Ga. 628 (2012) (administrative actions outside normal process do not show futility)
- Gradous v. Bd. of Commissioners of Richmond County, 256 Ga. 469 (1986) (zoning can constitute a taking when substantially detrimental)