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On Motion for Rehearing.
On motion for rehearing, Post Properties urges that the intervening classifications were considered by the Board of Commissioners when the rezoning application was heard. The fact that, in rejecting a rezoning application, the board may have "considered” the intervening classifications does not relieve the rezoning applicant of the requirement of making a proper constitutional challenge to the intervening classifications. Richmond Concrete Products Co. v. Ward, 212 Ga. 773 (95 SE2d 677) (1956).
Motion for rehearing denied.
Document Info
Docket Number: 35362, 35363, 35364
Citation Numbers: 263 S.E.2d 905, 245 Ga. 214, 1980 Ga. LEXIS 748
Judges: Hill, Bowles, Nos
Filed Date: 1/8/1980
Precedential Status: Precedential
Modified Date: 11/7/2024