O.C.G.A. § 44-10-20 (2019)

Annotations

Law reviews. For annual survey of law on real property, see 62 Mercer L. Rev. 283 (2010). JUDICIAL DECISIONS Number of active commission members. - A county historic preservation commission’s decision was not void because the commission did not have seven members as required by an ordinance. Neither the ordinance nor the Historical Preservation Act, O.C.G.A. § 44-10-20 et seq., provided that failure to have seven active members invalidated a decision; such an express requirement was necessary under O.C.G.A. § 1-3-1(c). DeKalb County v. Buckler, 288 Ga. App. 346, 654 S.E.2d 193, 2007 Ga. App. LEXIS 1199 (2007), cert. denied, No. S08C0514, 2008 Ga. LEXIS 374 (Ga. Apr. 21, 2008). Substantial compliance as standard of review. - Because the Georgia

Historic Preservation Act (HPA), O.C.G.A. § 44-1-20 et seq., does not expressly provide that a county’s failure to strictly comply with the HPA’s uniform procedures invalidates an ordinance adopted thereunder, and because the developers failed to show the developers were harmed by the county’s alleged failure to strictly comply with the procedures of the HPA, the trial court properly applied the “substantial compliance” standard of review. Buckler v. DeKalb County Bd. of Comm’rs, 299 Ga. App. 465, 683 S.E.2d 22, 2009 Ga. App. LEXIS 825 (2009), cert. denied, No. S09C2027, 2010 Ga. LEXIS 3 (Ga. Jan. 12, 2010).