The zoning ordinances of Cobb *1579 County classify the plaintiff's property "R-30" and "RM-8". Plaintiff, Calibre Spring Hill, ("Calibre"), a limited partnership authorized to do business in Georgia, is the owner of approximately 19.4 acres of real property in Cobb County. Plaintiff has named Cobb County and the individual members of the Cobb County Board of Commissioners in their official capacities as defendants.
§ 1983 for the permanent taking of its property. The Cobb County Board of Commissioners denied plaintiff's application for rezoning, and plaintiff brought this suit alleging violations of its federal constitutional rights and seeking damages under 42 U.S.C. This case arises out of plaintiff's (Calibre Spring Hill's) attempt to have real property it owns in Cobb County, Georgia rezoned. This case is before the court on Plaintiff's motion to strike certain defenses from defendants' answer and on defendants' motion to dismiss. Robert Frederick Webb, Haynie Webb & Litchfield, Marietta, Ga., for defendants. Degnan, George Conley Ingram, Nancy Glenn, Alston & Bird, Atlanta, Ga., for plaintiff. CALIBRE SPRING HILL, LTD., (a Georgia Limited Partnership) Plaintiff,ĬOBB COUNTY, GEORGIA, Phil Secrest, in his official capacity of Chairman of the Board of Commissioners, Emmett Burton, Thea Powell, Harriet Smith, and Harvey Paschal, each in their official capacity as members of the Cobb County Board of Commissioners, Defendants.
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