Bloom Parham Wins Discretionary Review under Superior and State Court Appellate Practice Act

Bloom Parham secured review from the Court of Appeals in another recent case involving application of the newly-enacted Superior and State Court Appellate Practice Act (SSCAPA) on behalf of a client whose townhome development was put at risk by the unlawful approval of a waste handling facility in the development’s backyard.

The client objected to Bartow County’s approval of the nearby waste handling facility, but the application to authorize that facility was approved anyway. The Firm challenged this approval in superior court under SSCAPA.

The case involves questions of statutory interpretation and centers on whether the superior court correctly applied SSCAPA’s standards of review that govern appeals from lower judicatories (like a County Commission). Bloom Parham argued the superior court did not apply those provisions correctly in upholding Bartow County’s actions, and the Georgia Court of Appeals seems to agree, given that it granted the Firm’s discretionary application. Such applications have a very low grant rate – estimated at a 10%-20% by some sources.

This case is now on direct appeal before the Court of Appeals.  The Bloom Parham team handling this matter includes Simon Bloom, Kurt Kastorf, Andrea Pearson, Virginia Eith and Pierce Ostwalt.