Georgia court sides with marina developer

17 11 2008



ATLANTA, Nov. 17  — The Georgia Supreme Court ruled Monday in favor of a developer who wants to build the state’s largest marina complex on the Gulf Coast.


The 5-2 decision found that the Coastal Marshlands Protection Committee, which issues permits for marinas, does not have the authority to regulate development on the adjacent mainland, The Atlanta Journal-Constitution reported.

The proposed marina would be near the Cumberland Island National Seashore. The developer is Land Resource LLC.

State law does not show “any intent on the part of the General Assembly to establish the committee as the ‘super regulator’ of any and all development in the coastal areas of the state,” Justice P. Harris Hines wrote for the court’s majority.

Environmental groups, including the Center for a Sustainable Coast and the Southern Environmental Law Center, are opposed to the project. They said the Coastal Marshlands Protection Act gave the state the responsibility to protect the tidal marshes from damaging storm water runoff created by developing the adjacent land.

Land Resource received the state permit to build the marinas and docks in 2005, but because of the legal challenges, the work has not been done.

To read the opinion, click here.




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