City of Tybee Island v. Live Oak Group, LLC
324 Ga. App. 476
Ga. Ct. App.2013Background
- Live Oak sought a PUD Amendment to construct a single-family home on Tybee Island property; the City denied the amendment.
- Live Oak purchased the property for $250,000 on May 2, 2005 after being told it was zoned R-1, though it was actually PUD.
- Live Oak filed a Zoning Appeal and Petition for Writ of Mandamus asserting inverse condemnation and other constitutional claims.
- The trial court granted Live Oak summary judgment on inverse condemnation but denied summary judgment on other claims; City prevailed on those claims.
- Case No. A13A1570: City appeals denial of summary judgment and Live Oak’s inverse condemnation ruling; Case No. A13A1617: Live Oak appeals for remand on federal takings if inverse condemnation ruling is reversed.
- This Court reverses in both cases and remands Case No. A13A1617 with direction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the inverse condemnation claim lies as a matter of law | Live Oak argues the City’s denial caused a taking by nuisance/trespass-like impact. | City contends no affirmative public-action taking or nuisance occurred; denial alone is not inverse condemnation. | Inverse condemnation not available; affirmed that denial did not constitute a taking. |
| Whether remand is appropriate to address federal takings after inverse condemnation ruling | Live Oak seeks remand to pursue federal takings if inverse condemnation is reversed. | City urges ruling on merits; but court remands, not decides merits, after overturning inverse condemnation ruling. | Remand with direction for consideration of the federal takings claim. |
Key Cases Cited
- Columbia County v. Doolittle, 270 Ga. 490 (1999) (inverse condemnation extends to nuisances caused by public activity)
- Stanfield v. Glynn County, 280 Ga. 785 (2006) (trespass or nuisance resulting from public action may support inverse condemnation)
- Rabun County v. Mountain Creek Estates, 280 Ga. 855 (2006) (inverse condemnation requires nuisance/trespass causing diminished use)
- Lamar Advertising of South Ga. v. City of Albany, 260 Ga. 46 (1990) (sign ordinance taking not inverse condemnation when no nuisance/trespass)
- Mayor & Aldermen of Savannah v. Savannah Cigarette & Amusement Svcs., 267 Ga. 173 (1996) (inverse condemnation not clearly available in rezoning context)
- Fulton County v. Wallace, 260 Ga. 358 (1990) (inverse condemnation not available remedy in zoning case)
- Gradous v. Bd. of Commrs. of Richmond County, 256 Ga. 469 (1986) (constitutional inquiry triggered by deprivation or taking)
- Jervey v. City of Marietta, 274 Ga. 754 (2002) (denial of zoning application not unconstitutional taking)
- Holy Cross Lutheran Church v. Clayton County, 257 Ga. 21 (1987) (same United States constitutional taking principles apply)