Marcia M. Ernst

Marcia McCrory Ernst is a Partner in the Zoning, Planning and Land Use Practice Group of Smith, Gambrell & Russell, LLP, as well as a member of the Firm’s Sustainability Practice Group.

Her practice includes sustainable development and zoning, land use, construction, environmental and other real estate litigation. Ms. Ernst also has substantial experience handling complex business and commercial litigation, including fraud, business torts, contract disputes and securities law claims. Ms. Ernst handles matters for clients at the trial and appellate court levels in the state and federal court systems. She also handles mediations and arbitrations.

Additionally, Ms. Ernst is an active author of articles concerning various land use and litigation topics. Ms. Ernst is the author of an article regarding the enforcement of foreign money judgments in light of currency conversion problems, which was published in the Emory Journal of International Dispute Resolution in 1988. Ms. Ernst is also the co-author of an article discussing corporate strategies for combating cybersmear, which was published in the Intellectual Property Counselor in 2003. Additionally, Ms. Ernst co-authored articles concerning recent developments in Zoning and Land Use Law, which were published in the Mercer Law Review in fall 2005, 2006 and 2007. Ms. Ernst also authored two articles in Trust The Leaders magazine. One entitled “Eminent Domain: Private Property Rights v. Economic Development,” published in spring 2006 and “A Greenprint for Sustainable Development,” published in summer 2008.

Ms. Ernst specializes in all aspects of Land Use and Zoning including:

• Real Estate, Environmental and Land Use Litigation
• Land Use Approvals, including Re-zonings, Special Use Permits, and Variances
• Covenants and Homeowner Associations
• Fair Housing
• Eminent Domain/Condemnation
• Developments of Regianal Impact
• Constitutional Challenges to Government Actions

Representative Experience

• Re-zoning counsel for conservation subdivision
• Counsel for church for special use permit for recreational/assembly hall
• Represent various property owners for variances
• Counsel for property owner and landlord in DOT condemnation action
• Represent property owner in FAA condemnation action
• Litigation counsel for retailer challenging sign ordinance
• Counsel for developer in federal Fair Housing Act litigation
• Litigation counsel for various parties to real estate contracts
• Counsel for property owner in litigation concerning waste transfer station
• Represent multiple parties in litigation challenging property annexations
• Counsel for various property owners cited for code violations
• Represent residential developer in federal Clean Water Act litigation
• Litigation counsel in cases involving excessive noise, storm water run off and other nuisance claims

Ms. Ernst attended the University of Georgia, where she received a B.B.A. in economics in 1984. She then received a J.D. in 1987 from the University of Georgia School of Law, where she was a member of the Georgia Journal of International and Comparative Law.