Legal Question in Civil Litigation in Georgia
Researching court cases
I am representing myself in Superior Court, in Ga., appealing a rezoning. The defendant did not follow the Board of Commissioners Operational Procedures in a rezoning case, because he wanted the applicant/developer to benefit, which in my opinion constitutes subterfuge to cut my due process, nor the Board approved Unified Development Code. He also carried on an extensive e-mail correspondence with the applicant, in which it is evident that he was doing all he could to help this applicant/developer. I want to search for past court cases that have been appealed for these reasons, first in my county, then in other counties in Ga. How do I do this? And do you have any other advice for me? What I hope to do is to get the Judge to void the vote because of proper procedures not being followed, require the vote to be redone, but the chairman to have to recuse himself. Is this unreasonable? Thank you.
3 Answers from Attorneys
Re: Researching court cases
Individuals who file lawsuits themselves generally lose, and have problems every step of the way until that point. You do not even know if you have a case, or how to present it. There are several lawyers and law firm in the Atlanta area that specialize in zoning - that is, by far, your best option. They can tell you fairly quickly if you have a case, and if so, they can attempt to resolve it, perhaps without litigation. If you do not have a case, best to find out now. "Subterfuge" and "due process" won't lead to anything without knowing what those terms mean and how they apply.
Re: Researching court cases
Short of training you to be a lawyer, I can't think of any way to easily explain how to do the research you are looking for. Best advice: get a lawyer. It sounds like you may have some very valid points but you may lose on those if you, acting as your own lawyer, don't follow proper legal procedure.
Re: Researching court cases
Zoning cases are very tricky procedurally and extremely time sensitive. Moreover, you are up against government entities that are amply staffed to oppose such cases. You should consider employing representation. If you have other individuals who share your views, perhaps they will be willing to share the cost. Feel free to call me in the event that you wish to discuss the matter further.
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