Tucker filed a complaint against Fortson, among others, alleging various claims that arose out of a resolution issued by the county zoning board of appeals that allowed manufactured homes to be placed on property owned by the Massey’s. Tucker lived on neighboring land and filed an appeal arguing that the permits that ultimately led to the final resolution violated county zoning ordinances regarding required lot size in land zoned for agricultural use. Tucker did not, however, appeal the Board’s decision but instead filed an action in superior court against various county officials and entities alleging fraud, conspiracy, negligent failure to perform ministerial duties and civil rights violations. The Court held that the claims against the county were time barred because an appeal must be made within 30 days. Tucker did not file his appeal, however, until three years later. Moreover, Tucker should have filed an appeal with the superior court immediately after the zoning decision was made. The Court reversed the trial court’s denial of the County defendant’s motion for summary judgment.
Fortson v. Tucker, 2011 WL 294307 (Ga. App. 2/1/2011)
The opinion can be accessed at: http://caselaw.findlaw.com/ga-court-of-appeals/1554599.html
