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Civil Rights Suit Over Conviction for Zoning Violation Tossed

Nov. 8, 2022, 8:31 PM

A homeowner’s claim that a Georgia county maliciously prosecuted her for violating a zoning ordinance, even though the state supreme court later ruled that the ordinance didn’t apply to her, was properly dismissed, the Eleventh Circuit said Tuesday.

Christine May used her house on Lake Oconee in Morgan County as a vacation rental, leasing it for one week at a time. Although the ordinance in question was silent about short-term rentals, the county took the position that it prohibited rentals of less than 30 days.

The county prosecuted May under the ordinance after it was specifically amended to prohibit short-term ...