City of Smyrna v. Ruff

*255Jordan, Justice,

dissenting.

I dissented in Barrett v. Hamby, 235 Ga. 262 (219 SE2d 399) (1975) and am therefore in disagreement with the result reached by the majority opinion in this case which relies on Hamby.

It appears to me that the basic contention of the appellee, to uphold his theory of a confiscatory zoning, is based on the fact that his property is worth $230,000 zoned residential and $760,000 if zoned commercial. If such a theory is viable, then any zoning of property which renders its economic value lower than some other zoning classification would be confiscatory and unconstitutionah This would emasculate the concept of our zoning laws.