The Tyrone

Town Council is appealing a court order that would force it to rezone

more than 74 acres bordering Ga. Highway 74 and Tyrone Road for unrestricted

commercial use.

Callaway Land

Company plans to build a shopping center on the property that could include

a Publix grocery store. Callaway and the current property owners initiated

the original suit against Tyrone after the Town Council refused to grant

a commercial rezoning for the property.

Attorneys representing

Tyrone have filed an appeal with the Georgia Supreme Court stating that

Superior Court Judge Johnnie L. Caldwell Jr. committed several reversible

errors in his May 31 order. In addition to ordering that the Town Council

rezone the property to C-2 Commercial, Caldwell also ordered that the

town allow all variances and special exceptions requested by the developer.

In the application

for a discretionary appeal, lawyers for the town argue that the court

cannot force the town to adopt a particular rezoning, but the court should

remand the matter