discretionary application requirement (Georgia) · Go Syfert
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discretionary application requirement in Georgia

6 Georgia opinions name it 2 courts 2015–2025 2 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
O S Advertising Co. of Georgia, Inc. v. Rubingreen
ga · 1997 · cited in 2 Georgia opinions naming this issue, 2016–2020
2 sentences

2020S. Advertising Co. of Georgia v. Rubin, 267 Ga. 723, 724 (1) ( 482 SE2d 295 ) (1997) (party must file a discretionary application to challenge a city’s zoning decision).

2020S. Advertising Co. of Georgia v. Rubin, 267 Ga. 723, 724 (1) ( 482 SE2d 295 ) (1997) (party must file a discretionary application to challenge a city’s zoning decision).

22
Lemcon USA Corp. v. Icon Technology Consulting, Inc.green
ga · 2017 · cited in 1 Georgia opinions naming this issue, 2025–2025
2 sentences

2025See OCGA § 5-6-35 (a) (8), (b); Lemcon USA Corp. v. Icon Technology Consulting, 301 Ga. 888, 892 ( 804 SE2d 347 ) (2017).

2025See OCGA § 5-6-35 (a) (8), (b); Lemcon USA Corp. v. Icon Technology Consulting, 301 Ga. 888, 892 ( 804 SE2d 347 ) (2017).

11
Diversified Holdings, LLP v. City of Suwaneegreen
ga · 2017 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023The Court answered the question in the affirmative, concluding that a ruling on a rezoning application is adjudicative in nature; pertinently 4 here, in doing so, the Court also characterized the local authority’s decision as “adjudicative in nature.” Id. at 604 (II).

2023Before turning to the merits of the appeal, the Supreme Court addressed the threshold “question of jurisdiction and appellate procedure,” asking “whether a party seeking to appeal a superior court ruling on an inverse condemnation action is required to file a discretionary application if that claim is based on a local board’s zoning decision.” (Emphasis supplied.) Id. at 600 (II).

11
Ladzinske v. Allengreen
ga · 2006 · cited in 1 Georgia opinions naming this issue, 2016–2016
2 sentences

2016See Ladzinske, 280 Ga. at 265 (“[The] rationale for requiring a discretionary application does not apply where the person who seeks to appeal was not a party to the administrative proceedings, unless he had standing to participate therein, but purposely opted out at the administrative level.”).

2016See Ladzinske, 280 Ga. at 265 (“[The] rationale for requiring a discretionary application does not apply where the person who seeks to appeal was not a party to the administrative proceedings, unless he had standing to participate therein, but purposely opted out at the administrative level.”).

11
Mitcham v. Blalockgreen
ga · 1997 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015See Mitcham v. Blalock, 268 Ga. 644, 646-647 (4) ( 491 SE2d 782 ) (1997) (no application required when appeal of attorney fees under OCGA § 9-15-14 is part of a judgment that is otherwise directly appealable); see also OCGA § 5-6-34 (d).

2015See Mitcham v. Blalock, 268 Ga. 644, 646-647 (4) ( 491 SE2d 782 ) (1997) (no application required when appeal of attorney fees under OCGA § 9-15-14 is part of a judgment that is otherwise directly appealable); see also OCGA § 5-6-34 (d).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
West v. City of Albany green
ga · 2017
2 sentences

2017Our recent decision in West v. City of Albany, 300 Ga. 743 ( 797 SE2d 809 ) (2017), however, construed the ante litem notice requirement in OCGA § 36-33-5 as limited to negligence cases brought against municipalities and specifically overruled Brownlow v. City of Calhoun, 198 Ga. App. 710 ( 402 SE2d 788 ) (1991), in which the Court of Appeals held that ante litem notice was required for a claim of inverse condemnation.

2017Our recent decision in West v. City of Albany, 300 Ga. 743 ( 797 SE2d 809 ) (2017), however, construed the ante litem notice requirement in OCGA § 36-33-5 as limited to negligence cases brought against municipalities and specifically overruled Brownlow v. City of Calhoun, 198 Ga. App. 710 ( 402 SE2d 788 ) (1991), in which the Court of Appeals held that ante litem notice was required for a claim of inverse condemnation.

12017–2017
Brownlow v. City of Calhoun green
gactapp · 1991
2 sentences

2017Our recent decision in West v. City of Albany, 300 Ga. 743 ( 797 SE2d 809 ) (2017), however, construed the ante litem notice requirement in OCGA § 36-33-5 as limited to negligence cases brought against municipalities and specifically overruled Brownlow v. City of Calhoun, 198 Ga. App. 710 ( 402 SE2d 788 ) (1991), in which the Court of Appeals held that ante litem notice was required for a claim of inverse condemnation.

2017Our recent decision in West v. City of Albany, 300 Ga. 743 ( 797 SE2d 809 ) (2017), however, construed the ante litem notice requirement in OCGA § 36-33-5 as limited to negligence cases brought against municipalities and specifically overruled Brownlow v. City of Calhoun, 198 Ga. App. 710 ( 402 SE2d 788 ) (1991), in which the Court of Appeals held that ante litem notice was required for a claim of inverse condemnation.

12017–2017

Statutes the citing opinions construe

GA § 5-6-35 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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