The Georgia Supreme Court reversed a lower-court ruling that would have allowed WellStar Health System, Marietta, Ga., to continue a development plan on a tract of land bordering a residential neighborhood.
In handing down the unanimous decision, the court has ruled in favor of local residents trying to stop the development, which includes a hospital, medical offices, retail shops and a church. WellStar first applied to Cobb County in 2007 to rezone 65 acres on the corner of U.S. Highway 41 and Awtrey Church Road. Residents who lived in the area sued the county and the health system, saying the rezoning would be unconstitutional, but that case was dismissed by a trial court. The court wrote in its Oct. 27 ruling that the trial court should not have thrown out the case.
WellStar declined to provide a comment by deadline. -- by Jean DerGurahian