Alexander v. Muscogee County Board of Adjustment

112 S.E.2d 690, 101 Ga. App. 10, 1960 Ga. App. LEXIS 770

• Court: Court of Appeals of Georgia
• Decided: January 11, 1960
• Docket: 37893
• Status: Published

Opinions

Quillian, Judge.

The law prescribes the method of appeal for correction of errors from all inferior courts and tribunals. Party litigants can not create methods of procedure that are not provided by law. In Ledbetter v. Roberts, 95 Ga. App. 652, 658 (98 S. E. 2d 654) the Mayor of College Park appealed the decision of the Board of Adjustment of College Park in a similar zoning question. This court stated: “The contention that the mayor had not exhausted his administrative remedies by applying to the board for a. rehearing or a 'new trial’ is without merit. There is no provision in the law for such action. The only provision is for a direct appeal to the superior court from the decision as rendered by the board of adjustment.” The act creating the zoning for Muscogee County established the method of appeal (Ga. L. 1951, pp. 3160, 3175). From a ruling of the board of adjustment a party must appeal to the superior court within 30 days after the decision is rendered. (Ga. L. 1951, pp. 3060, 3175). There is no provision for a rehearing by the board of adjustment; consequently, such proceedings on December 18, 1958 and December 31, 1958, were nugatory. The board of adjustment reached a final determination on December 5, 1958. As there was no appeal filed in the superior court within the prescribed period, the superior court is without jurisdiction to review the decision of the board.

Judgment reversed.

Nichols, J., concurs. Felton, C. J., concurs specially.