Bailey v. McKintosh County, Webster v. McIntosh County, McIntosh County v. Webster
Georgia Supreme Court reversed a lower court order stopping a special election on a referendum to repeal a county zoning ordinance that could increase home sizes in a historic community of slave descendants, holding the state constitutional clause giving voters that referendum authority extends to zoning ordinances. The superior court had interpreted the ordinance to fall within the grant of zoning power set out in a separate state constitutional clause, which does not provide for voters to petition for a repeal election. The state high court concluded the state constitution’s home rule provision — containing the process for voters to seek repeal — provides the express grant of legislative power enabling counties to enact zoning ordinances, while the separate zoning clause gives them the power to adopt zoning plans.
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