Zoning of ordinances has become a common battlefield between landowners and the local government in Georgia. Zoning laws are essential to help the local government subdivide areas into various zones for further development. If these laws aggrieve anyone, he/she can use Article 6 of the Georgian Constitution that allows people to appeal any ordinance they believe is inconsistent with public safety and morality. However, this appeal must be made within 30 days after the zoning board has enforced the law (Derek, 2011, para. 6). The local government has established ways which can be used by a person in order to challenge zoning ordinance; this can be followed by Irene Lopez.
Irene Lopez is a resident of Atlanta who is upset because the local government has passed the zoning ordinance that hinders her from establishing a daycare in her residence. She intends to challenge the ordinance. However, challenging the Federal government can be rather tough. According to Atlanta jurisdictions, the local government requires anyone who proposes to appeal against the zoning ordinance to pass all exhausted administrative remedies before bringing the matter to court. However, there is an exception if the local government board does not have the jurisdiction to grant relief from the zoning ordinance.
Lopez can challenge the constitutionality of the existing zoning ordinance if she can prove it does not comply with public safety and morality. However, it must be noted that even if she brings the matter to court, the local government in Atlanta still has the benefit of the doubt. Therefore, Irene Lopez can only be able to overcome an invalid ordinance if she can provide clear and convincing evidence that the decision of zoning ordinance is detrimental and inconsistent with public safety, morality, welfare, and health (Lindstrom, 2011). Thus, Irene Lopez must be able to prove beyond reasonable doubt that the zoning ordinance is detrimental to her. The local government in Atlanta can be compelled by the court to justify the zoning ordinance if Irene Lopez can demonstrate that it has caused financial losses and contradicts public interest. However, if she cannot prove that the zoning ordinance has adverse effects on her and it is insubstantial to public safety, her case will be bound to fail. Therefore, the burden of prove lies with Irene Lopez to show that the zoning ordinance is harmful to her. This is one of the toughest responsibilities she has to overcome to make her case valid. Peter, Jenkins and Olson (2012, para. 8) argue that many cases fail because landowners cannot be able to demonstrate significant damages such as DeKalb Co. v. Dobson. The court argued, “The financial loss was insufficient to show substantial damages” (para. 6). Therefore, for this law firm to win the case, it must be able to prove that Irene Lopez will suffer significant harm because of this zoning decision.
The Federal government in Atlanta obtains its zoning ordinances from the state constitution. Specifically, it relies on Supreme Court precedent and the local ordinances in Atlanta. For instance, Judd and Swanstrom (2015) argue that the Supreme Court has given the local authority in Atlanta more power after the case of the City of Atlanta v. TAP associates (p. 256). The delegation of power to the zoning board is in line with the constitution and has been supported by Supreme Court jurisprudence. The Constitution has delegated the legislative authority to the zoning board in the local government. However, the zoning board’s decisions are subject to the Constitution that requires equal protection and following of due process.
In summary, it is recommended that Irene Lopez should be able to prove beyond reasonable doubt that the zoning ordinance is detrimental and insubstantial to public safety before bringing the matter to the court. Moreover, she should prove economic losses as a result of the zoning ordinance.
References
Derek, J. (2011). When zoning regulations violate due process. Web.
Judd, D., & Swanstrom, T. (2015). City politics : The political economy of urban America. London New York: Routledge.
Lindstrom, M. (2011). Encyclopedia of the U.S. government and the environment history, policy, and politics. Santa Barbara, Calif: Abc-Clio.
Peter, R., Jenkins, K., & Olson, P. (2012). Land matters: Constitutional limitations on zoning and land use actions. Web.