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South Fulton attorney, UGA counsel brief council on zoning rules and mayoral veto role
Summary
Interim City Attorney Sarah Kelly and a University of Georgia governance adviser told the South Fulton City Council on Oct. 28 that strict adherence to Georgia's Zoning Procedures Law and clear records of council actions are essential to keep rezoning decisions out of court.
Interim City Attorney Sarah Kelly and a policy advisor from the University of Georgia walked South Fulton city council members through the legal mechanics of local zoning decisions, stressing the risk that a court could invalidate an improperly handled rezoning.
Kelly laid out how the Georgia Zoning Procedures Law (OCGA 36‑66 series) defines a zoning decision, how the timing of public hearing advertisements triggers procedural rights, and how local rules and Robert's Rules intersect with council motions. She told council members that a motion that is not seconded or is not put before the body by the chair does not become a zoning decision, and that the statutory 15‑to‑45‑day…
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