West Hamryka v. City of Dawsonville

The Court dismissed the appeals for failure to comply with the discretionary appeal procedures of O.C.G.A. § 5-6-35.

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Appellants West and Helen Hamryka are the owners of a tract of real property in Dawson County; Helen Hamryka owns and operates a horse training facility, Appellant Hidden Still Farm, Inc., on the property. Appellants made presentations at hearings of the City of Dawsonville Planning Commission and the Dawsonville City Council in opposition to a request by a neighboring property owner to rezone its land to permit the operation of a motorsports park. After the City Council approved the rezoning, Appellants filed a nine-count complaint against Appellees the City of Dawsonville, its mayor, and the city council members challenging the rezoning decision in the Superior Court of Dawson County. The superior court granted summary judgment to Appellees on three of the nine counts, and Appellants filed these three direct appeals to this Court. We initially dismissed the appeals by order on November 7, 2011, for failure to comply with the discretionary appeal procedures of OCGA § 5-6-35. On Appellants’ motion for reconsideration, however, we reinstated the appeals and directed the parties to brief whether § 5-6-35 a 1 applied. Having now had the benefit of full briefing and oral argument on the issue, we conclude that these appeals come under § 5-6-35 a 1, and so we again dismiss them.

1. OCGA § 5-6-35 a 1 says that “appeals from decisions of the superior courts reviewing decisions of . . . state and local administrative agencies” must be brought by application for discretionary appeal under the procedures set forth in § 5-6-35. Here, the three counts of Appellants’ complaint on which the superior court granted summary judgment sought to invalidate the zoning decision of the Dawsonville City Council because, in making its decision, the council allegedly failed to abide by certain local ordinances and state laws. Thus, Appellants’ complaint asked the superior court to review a decision of a local administrative agency, and they are now appealing the decision of the superior court.

West Hamryka v. City of Dawsonville

The Court dismissed the appeals for failure to comply with the discretionary appeal procedures of O.C.G.A. § 5-6-35.

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