A Portal property owner is suing the Bulloch County Commissioners over a zoning decision made during a September county commission meeting.
Samuel C. Lovett Sr. filed the suit in Bulloch County on October 3 seeking Declaratory Judgment and an Appeal of the Zoning denial in a complaint filed by his attorney, Francys Johnson.
In late summer of 2025, Lovett submitted an application for a conditional use permit for a property on Old Dill Road. Specifically, Lovett wanted to operate an event venue on the property to host private and public functions.
County staff recommended approval of the application, but on August 19, 2025, the Planning and Zoning Commission voted 3-1 to recommend denial to the Board of Commissioners. Members Charles Chandler, Ryne Brannen, and Betsy Riner voted in to deny with member Adam Bath opposing. Two members of the commission were recused from voting (Schubert Lane and Matthew Lovett).
On September 2, 2025, county commissioners heard from neighbors on Old Dill Road who asked commissioners to deny the application, citing everything from current land use to infrastructure needs. After a lengthy dialogue between commissioners, a motion was made by Commissioner Anthony Simmons to approve the application with conditions. It was seconded by Commissioner Ray Mosley but failed in a vote of 2-4. A motion to deny the application was then made by Commissioner Nick Newkirk and approved 4-2 with Simmons and Mosley opposing the denial. The denial was formally certified the following day on September 3.
(You can read a rundown of the meeting in this article)
In the complaint filed last week in Bulloch County Superior Court, Lovett claims:
- The denial was arbitrary, capricious, and unreasonable because the uncontroverted staff findings established compliance with all ordinance standards
- Generalized neighbor opposition (noise, traffic, lighting) does not constitute substantial evidence sufficient to overcome the staff’s findings
- The denial violates Lovett’s rights under the Georgia Constitution and the 14th Amendment of the U.S. Constitution, including substantive due process, equal protection, and just compensation.
- The decision imposes restrictions not substantially related to public health, safety, or welfare, thereby representing an unconstitutional taking and deprivation of property rights.
- The denial contradicts the staff report, planning standards, and Smart Bulloch 2040, and relied only on generalized opposition, and, as such, the denial was not supported by substantial evidence and must be reversed.
The suit asks that a superior court judge reverse the decision and grant a declaratory judgment allowing the property to be used as an event venue.
Court records show the county was served on Friday, October 3 via county attorney Jeff Akins. The next commission meeting is October 7.
Read conditional use application
Read the staff report and accompanying documents
Read opposition documents
