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Berlin v. City of Atlanta

Berlin v. City of Atlanta, A23A0370, 2023 WL 4113323, at *1 (Ga. Ct. App. June 22, 2023)

This appeal arises from a dispute over whether the City of Atlanta’s Urban Design Commission (“UDC”) properly approved a Certificate of Appropriateness (“COA”) for the redevelopment of two parcels within the Druid Hills Landmark District (“District”). Following the grant of their application for discretionary appeal, Melissa Berlin and three other District residents who live near the parcels (“Neighbors”)1 appeal from the trial court’s order granting summary judgment to the City and the owners of the parcels. Because the superior court did not consider the Neighbors’ substantive challenges to the UDC’s decision, we vacate the trial court’s summary judgment order and remand the case for further proceedings not inconsistent with this opinion.