NEWTON COUNTY — A zoning lawsuit pertaining to the Morgan Farms property off of Highway 278 has ended in a legal victory for Newton County.

Defendants J.H. Morgan Farms and Inline Communities LLC sued Newton County in August 2024 after the Newton County Board of Commissioners denied a rezoning request. The plaintiffs were asking the commissioners to rezone approximately 93.79 acres from agricultural-residential (AR) zoning to a community oriented residential development (C.O.R.D.) in hopes of building a high-density, mixed-use development.

Morgan Farms had previously agreed to sell the property to Inline Communities for this development, barring the rezoning to a C.O.R.D. The rezoning, however, was shot down by the board, leading to the lawsuit.

The plaintiffs argued in their initial complaint that any interventions to the rezoning of the property were to a “significant detriment” for the future of the property.

“Under the existing AR Zoning District as alleged to apply to the Property of the Defendant, and under any Intervening Zoning Restrictions, the Property is unmarketable, uneconomic, substantially and unreasonably diminished in value, and infeasible to develop,” per page 12 of the initial complaint.

Another argument presented in the plaintiff’s complaint was the commissioners’ decision to approve a future land use amendment for the property.

On Nov. 2, 2023, the board of commissioners voted 3-2 to change the future land use map designation from a rural residential and park recreation conservation (RR/PRC) to a development node and park recreation conservation (DN/PRC). The plaintiffs argued that this decision, combined with comments made on Newton County’s Comprehensive Plan, made the need to rezone the property to a C.O.R.D. suitable.

After hearings a few months ago,  Newton County Chief Superior Court Judge Ken Wynne ultimately ruled against the plaintiffs’ argument on Friday, March 6. Wynne said that the plaintiffs failed to prove that the existing AR zoning results in a “significant detriment” to selling the property.

Following the ruling, District 5 Commissioner LeAnne Long praised the work of law firm Jarrard & Davis, which represents Newton County in legal matters. Long said that this is a byproduct of a “new day” in Newton County.

“The FB (Facebook) nay-sayers said it couldn’t be DONE! Well, it can!” Long said. “We’re really proud of the work Jarrard & Davis LLP is doing for us, and they’re totally worth every penny we’re paying them to protect the quality of life here in Newton County.”

Long added that she is open to considering housing developments that identify the community’s needs.

“I’m all in favor of working with anyone who wants to bring good housing and commercial development to our community,” Long said. “We won’t accept whatever is brought to us to build in Newton County as the standard; do better!

It is not clear if the developers plan to appeal the case to the Georgia Supreme Court. However, a similar zoning lawsuit is already set to go before a supreme court judge.

On the same day the commissioners denied the Morgan Farms rezoning, the board also denied an AR to C.O.R.D. rezoning request for a mixed-use development off of Highway 278 and Highway 142. The plaintiffs, property owner Sockwell Corners LLC, as well as developers Integral Enterprises and Ed Hutter, sued Newton County in August 2024 on similar grounds as the Morgan Farms lawsuit.

Judge Cheveda McCamy ruled in favor of the county in August 2025. McCamy stated that the AR zoning designation of the property is consistent with surrounding properties in the area. 

Additionally, McCamy said that the plaintiffs failed to claim that the property value had diminished or would diminish due to the existing zoning designation.