How much is that lawn mower in the window?

Paul Braley (“Braley”) has a leasehold interest in property in Forest Park, Georgia, where he operates a retail salvage store. Since 1984, he has displayed merchandise for sale to the public in front of the store in an area where there is a sidewalk and places to park.

In March 2007, the City of Forest Park (“City”) amended its ordinances to establish a new Section 9-8-45, regulating the display of goods and merchandise for sale outside stores; the stated purpose of the ordinance is ‘to prohibit the obstruction of public sidewalks and parking areas by the display of goods and merchandise . . . .’

Then Braley sued the City.  He asserted, among other claims, that the ordinance (1) was both vague and overbroad, (2) ”effected a regulatory taking[,]” and (3) was passed in violation of Georgia’s Zoning Procedures Law. Braley did not move the Georgia Supreme Court. You can read the opinion. Read summaries of other opinions issued by the Georgia Supreme Court yesterday here at SCOG Blog.

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