dissenting.
I respectfully dissent because in my view the majority opinion fails to give proper deference to the trial court’s weighing of the evidence.
*395Zoning ordinances are legislative, or at least quasi-legislative, acts of the local governing authority, here the county commissioners. Barrett v. Hamby, 235 Ga. 262, 265 (219 SE2d 399) (1975). We held that such acts are not beyond the scrutiny of courts: “As the individual’s right to the unfettered use of his property confronts the police power under which zoning is done, the balance the law strikes is that a zoning classification may only be justified if it bears a substantial relation to the public health, safety, morality or general welfare. Lacking such justification, the zoning may be set aside as arbitrary or unreasonable (by the courts).” Barrett, supra at 265. In Guhl v. Holcomb Bridge Rd. Corp., 238 Ga. 322 (232 SE2d 830) (1977), we held that a zoning ordinance is to be considered by the court as presumptively valid. This presumption may be overcome only by clear and convincing evidence presented to the court, “that the existing zoning is significantly detrimental to the property owner and is insubstantially related to the public health, safety, morality, and welfare.” Brown v. Dougherty County, 250 Ga. 658, 659 (300 SE2d 509) (1983).1 The trial court weighs the evidence and if it finds clear and convincing evidence of invalidity, the presumption is overcome, and the land should be declared free of the zoning. If there is an absence of clear and convincing evidence the presumption of validity prevails. Of course, where the presumption is overcome the county may offer evidence to rebut the landowner’s case and should this reduce the landowner’s evidence so that it is no longer clear and convincing, the zoning stands.
When the case is appealed, it is not the function of the appellate court to again weigh the facts and determine if there is clear and convincing evidence of invalidity. Rather, the appellate court considers the trial court findings and the record below. Unless the findings are clearly erroneous they are not to be disturbed on appeal. Bd. of Com-mrs. v. Skelton, 248 Ga. 855 (286 SE2d 729) (1982); City of Atlanta v. McLennan, 240 Ga. 407, 409 (240 SE2d 881) (1977).
In my view the majority opinion merely second guesses the trial court by again weighing the facts and finding it to be clear and convincing evidence of invalidity. I think this is improper. We should acknowledge that the function of the trial court is to recognize the presumption of validity of the zoning ordinance, and then weigh the evidence to determine if it clearly and convincingly establishes invalidity. The trial judge found that it did not. The county was entitled to rely on this presumption of validity and was not required to produce other evidence. In my view this finding was not clearly erroneous and should not be disturbed on appeal.
*396Decided February 11, 1986. Landau & Davis, James V. Davis, for appellants. Guy V. Roberts, Jr., for appellees.I am authorized to state Justice Weltner joins in this dissent.
The Brown decision goes on to point out that if the presumption is overcome by clear and convincing evidence of invalidity, “the zoning authority must come forward with evidence justifying the zoning classification as reasonably related to the public interest.”