City of Atlanta v. Standish , 256 Ga. 836 ( 1987 )

Weltner, Justice,

dissenting.

I respectfully dissent. The majority suggests the absence of a “significant public benefit from the present zoning.” There is a benefit which is quite significant, and that is the continuation of the residential character of one of Atlanta’s close-in neighborhoods — many of which fall under increasing pressures for redevelopment to nonresidential uses.

The zoning of surrounding properties has not changed since the owners purchased the property a decade ago. Under present zoning, according to an appraiser, the property now is worth exactly two-thirds more than the purchase price — or an average increase over the purchase price of almost 7% per annum.

In my opinion, this case should be governed by the rationale of Avera v. City of Brunswick, 242 Ga. 73, 75 (247 SE2d 868) (1978): “It is not sufficient to show that a more profitable use could be made of the property.” See also Ohoopee Land Dev. Corp. v. Mayor &c. of Wrightsville, 248 Ga. 96 (281 SE2d 529) (1981); Flournoy v. City of Brunswick, 248 Ga. 573 (285 SE2d 16) (1981).

I am authorized to state that Justice Bell and Justice Hunt join in this dissent.