This appeal involves the requirements for standing of neighbors challenging a rezoning. Miller filed a complaint against Fulton County and Julian LeCraw Properties (JLC) seeking injunctive relief for alleged violations of the Steinberg Act, OCGA § 36-67-1 et seq. The defendants moved for summary judgment claiming Miller lacked standing. Thereafter, Miller moved to join or substitute his wife as a party plaintiff. The trial court granted defendants’ motion and denied Miller’s.
The Millers live across the street from the rezoned property
1. In analyzing the issue of standing of neighbors in a rezoning case, we have consistently applied a two-step “substantial interest-aggrieved citizen” analysis.
Moore v. Maloney,
The home in which Miller lives is owned by his wife, but he argues that his marital status bestows upon him an equitable interest under
Stokes v. Stokes,
2. Miller next argues the trial court erred by denying his motion to substitute his wife, the legal owner of their home, as plaintiff. We agree. The record reflects Miller’s wife was inadvertently omitted as a plaintiff, Miller moved promptly to correct that omission, and the defendants would in no way be prejudiced by the substitution. See generally OCGA §§ 9-11-17; 9-11-21; 9-11-15 (c);
Dover Place Apartments v. A & M Plumbing &c. Co.,
It appears the trial court denied Miller’s motion to substitute his wife as plaintiff in the belief that she also would not have standing because her home was not adjacent to the rezoned property. However, adjacency is not a requirement for standing in this type of case. See
DeKalb County v. Wapensky,
supra at 49;
Burry v. DeKalb County,
The next requirement for standing is a showing of special damage or injury not common to all property owners similarly situated. Id. at 48. “By ‘similarly situated,’ we refer to persons in the general community who may merely suffer inconvenience and exclude those persons who stand to suffer damage or injury to their property which derogates from their reasonable use and enjoyment of it.” Id. In this regard, the following have been held insufficient to show special damage; increased traffic in a central business district, Id.;
Victoria Corp. v. Atlanta Merchandise Mart,
Accordingly, the trial court’s order granting summary judgment to defendants on the ground that Miller lacks standing is affirmed. The trial court’s order denying Miller’s motion to substitute his wife as plaintiff is reversed. This action is remanded with direction that Miller’s motion be granted and that, if Mrs. Miller is substituted as plaintiff, she be given an opportunity to demonstrate her qualifications for standing.
Judgment affirmed in part, reversed in part and case remanded with direction.
