Bloom Parham Wins Georgia Discretionary Review in Carroll County Zoning Appeal

Bloom Parham has secured discretionary review and oral argument before the Georgia Court of Appeals in a closely watched land use dispute, an uncommon outcome given how selective the Court is about the appeals it agrees to hear. Winning Georgia discretionary review is a meaningful milestone in its own right, because most parties who lose in the trial court never get an appellate court to consider their case at all. The firm represents a property owner challenging Carroll County’s interpretation and application of its zoning ordinance, a reading the County used to block the owner from using its land the way it had long planned.

Simon Bloom argued the case before the Georgia Court of Appeals, and he was assisted on this matter by Pierce Ostwalt. Simon’s argument can be viewed here.

The Dispute: A Wedding Venue, a Neighboring Parcel, and a County That Changed Course

The client’s plans had the County’s blessing, until they did not. In 2019, the client received permit approval to operate a wedding venue on its property. In 2021, the client sought to purchase a neighboring parcel, combine it with the existing property, and use the newly acquired portion for weddings consistent with the 2019 permit. County officials blessed that plan. After the client purchased the neighboring parcel and the County approved the underlying combination of the two properties, the County reversed course and refused to permit weddings on the newly acquired portion.

Bloom Parham brought a declaratory judgment action on the client’s behalf to resolve what the ordinance allowed and to vindicate the approvals the client had relied on. The superior court dismissed that action. The firm applied to the Georgia Court of Appeals for discretionary review of the dismissal, and the Court granted the application and later set the case for oral argument.

Why Winning Discretionary Review Matters

Not every appeal is one a party can take as of right. For certain categories of cases, the losing party in the trial court cannot simply file a notice of appeal. Instead, that party must apply to the appellate court for permission, and the court decides whether the issues are worth its review. That permission is far from automatic.

By some estimates, only about 10 to 20 percent of discretionary applications are granted, and oral argument is scheduled in only about a third of the cases in which review is granted. Securing both the grant and an argument, as the firm did here, signals that the Court regards the questions presented as substantial and worth a closer look. For a client who had been turned away by the trial court, simply getting through that gate is a significant step.

The Issues on Appeal: Ordinance Interpretation and Vested Rights

The appeal turns on how the ordinance should be read and on the rights the client acquired by relying on the County’s own approvals. Two intertwined questions are before the Court. The first is the correct interpretation and application of Carroll County’s zoning ordinance to the combined property. The second is a question of vested rights: whether the client, having relied on the County’s permit and its approval of the property combination to purchase and assemble the land, acquired rights that the County could not simply revoke after the fact.

These are the kinds of nuanced land use questions that recur whenever a local government appears to approve a course of conduct and then changes its position. How the Court resolves them will matter not only to this client but to property owners who make significant investments in reliance on local approvals.

What Happens Next

The appeal is now under submission with the Georgia Court of Appeals. That means briefing and oral argument are complete and the case is awaiting a decision from the Court. No ruling has issued yet. We will update this post when the Court of Appeals rules. In the meantime, the oral argument is available to watch above.

Facing an adverse zoning or land use decision? Call Bloom Parham. An unfavorable ruling from a local board or a trial court is not always the end of the road. Bloom Parham’s appellate lawyers help property owners, developers, and businesses press their cases at the Georgia Court of Appeals and the Supreme Court of Georgia, including in the discretionary appeals that many parties never get heard. Learn more about our appellate litigation practice and our land use practice, or get in touch with Simon Bloom or Pierce Ostwalt to talk through your options.