809 S.E.2d 262
Ga. Ct. App.2017Background
- Plaintiffs Erich Schumacher and Mike Nyden are Roswell property owners who sued after the City Council adopted a new Unified Development Code (UDC) and zoning map in February 2014.
- Plaintiffs alleged the City violated the Zoning Procedures Law (ZPL) and their federal and state procedural due process rights in adopting the Code, and sought declaratory and injunctive relief.
- The City attached the adopted Code, map, and minutes from two public meetings to its answer and moved for judgment on the pleadings; plaintiffs sought an interlocutory injunction.
- Trial court granted the City’s motion, dismissing plaintiffs’ procedural due process claims because the ZPL provides an adequate state remedy and dismissed the ZPL claim on the pleadings (plaintiffs do not contest the latter).
- On appeal, the Court of Appeals (after the Supreme Court clarified jurisdictional issues) reviewed de novo and affirmed, holding the ZPL supplies adequate procedures (notice and meaningful hearing) to cure any procedural defects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs’ procedural due process claims survive when the ZPL provides post-deprivation remedies | Schumacher: City’s adoption violated due process; ZPL only gives "mere notice" and not a meaningful opportunity to be heard, so constitutional claim stands | City of Roswell: ZPL requires publication, public hearings, and minimum hearing procedures (including minimum time for proponents/opponents) and thus provides an adequate state remedy to cure any procedural defects | Court: ZPL provides an adequate state remedy (satisfies notice and meaningful hearing requirements); procedural due process claims fail as a matter of law; judgment on the pleadings affirmed |
Key Cases Cited
- Schumacher v. City of Roswell, 301 Ga. 635 (Ga. 2017) (stand‑alone facial challenge to ordinance is not a zoning case for OCGA § 5‑6‑35)
- Dowling v. Atlanta City School Dist., 266 Ga. 217 (Ga. 1996) (procedural due process violation is not complete until state fails to provide adequate remedies)
- Turner v. City of Atlanta, 257 Ga. 306 (Ga. 1987) (publication notice suffices for comprehensive zoning changes)
- Willingham v. White, 229 Ga. 75 (Ga. 1971) (notice by publication can satisfy due process for comprehensive zoning)
- Mid‑Ga. Environmental Mgmt. Group v. Meriwether County, 277 Ga. 670 (Ga. 2004) (ZPL sets requirements for enactment of valid zoning ordinances)
- Tilley Properties v. Bartow County, 261 Ga. 153 (Ga. 1991) (failure to comply with ZPL notice/hearing allows court challenge to ordinance)
- Camden County v. Haddock, 271 Ga. 664 (Ga. 1999) (adequate state remedy doctrine focuses on availability of procedures, not whether plaintiff prevailed)