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Greater Atlanta Homebuilders Assoc. v. DeKalb County

The county's Tree Protection Ordinance was not enacted in violation of Georgia's Zoning Procedures Law, O.C.G.A. § 36-66-1, et seq., since it applies uniformly to all land in unincorporated parts of the county by evaluating the effect that development will have on tree coverage in the county, regardless of zoning district.

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This case involves a constitutional challenge to DeKalb County’s Tree Ordinance. The trial court upheld the statute. Because the Tree Ordinance is not invalid as alleged by Appellants, we affirm. In February 1999, DeKalb County’s Board of Commissioners passed a comprehensive Tree Protection Ordinance. The ordinance recognizes “the many benefits that can be directly attributable to trees” and that regulation of tree preservation “is necessary for the preservation of the public health, safety, general welfare, environment and aesthetics.” The County concluded that new regulations were needed in order to “provide proper and sufficient regulation of the removal and/or replacement of trees as part of land development.” Three weeks later, Greater Atlanta Homebuilders Association, a nonprofit trade association whose members develop real property and engage primarily in the construction of single-family residences, and RLR Associates, a corporation that owns property in DeKalb County and is involved in the development of real property and residential construction, filed this action challenging the ordinance.

Zoning Procedures Law

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