Buckhorn Ventures, LLC v. Forsyth County
Jul 14, 2003OUTCOME: Ruling for Forsyth County affirmed by Appeals Ct.
Purchaser of land involved in land use litigation brought action against county and board of commissioners, seeking to hold them in contempt for alleged failure to comply with court order incorporating ... land use settlement and requesting declaration of its rights under that agreement. The Superior Court, Forsyth County, Gault, J., denied the relief. Purchaser appealed. The Court of Appeals, Mikell, J., held that: (1) county could attack previous court order as void even though attack came more than three years after order was issued, and (2) settlement agreement was void as an ultra vires act because it forever bound future commissioners from changing zoning of property. Alston & Bird, Peter M. Degnan, Harold Buckley, Jr., Atlanta, for appellant. Banks, Stubbs, Neville & Cunat, Robert S. Stubbs III, Cummings, Jarrard & Davis, Kenneth E. Jarrard, Mitchell M. McKinney, for appellees. Affirmed.
