GILMER COUNTY v. LLOYD CLARK

• Court: Court of Appeals of Georgia
• Decided: October 16, 2024
• Docket: A25A0349
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 16, 2024

The Court of Appeals hereby passes the following order:

A25A0349. GILMER COUNTY et al. v. LLOYD CLARK et al.

The appellees filed a lawsuit in superior court to challenge zoning decisions made by Gilmer County. The superior court found in favor of the appellees, and remanded back to the county to issue a conditional use permit. The appellants then filed this direct appeal. We, however, lack jurisdiction. “Appeals from decisions of the superior courts reviewing decisions of . . . state and local administrative agencies” must be brought by application for discretionary review. OCGA § 5-6-35 (a) (1), (b); Hamryka v. City of Dawsonville, 291 Ga. 124, 125 (1) (728 SE2d 197) (2012). A zoning decision made by a local government constitutes the action of a local administrative agency within the meaning of OCGA § 5-6-35 (a) (1), and an appeal from a superior court decision reviewing the local administrative agency’s decision must come by way of an application for discretionary appeal. Hamryka, 291 Ga. at 125 (2); Fulton County v. Congregation of Anshei Chesed, 275 Ga. 856, 857-858 (1) (572 SE2d 530) (2002). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). The appellants’ failure to follow the required appellate procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/16/2024 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.