Home/Supreme Court of Georgia/Brook Forest Enterprises, Inc. v. Paulding County

Brook Forest Enterprises, Inc. v. Paulding County

203 S.E.2d 860, 231 Ga. 695, 1974 Ga. LEXIS 1192
CourtSupreme Court of Georgia
DecidedJanuary 28, 1974
Docket28262, 28330
StatusPublished
Cited by32 cases

This text of 203 S.E.2d 860 (Brook Forest Enterprises, Inc. v. Paulding County) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brook Forest Enterprises, Inc. v. Paulding County, 203 S.E.2d 860, 231 Ga. 695, 1974 Ga. LEXIS 1192 (Ga. 1974).

Opinion

Nichols, Justice.

These cases involve appeals from judgments granting temporary injunctions in which the appellants are prohibited from completing construction of mobile home parks in violation of the zoning ordinance of Paulding County. Objections were filed to the findings of fact of the trial court in each case and the contention is made that the grant of the temporary injunctions was error. Held:

1. "In all actions in Superior Court tried upon the facts without a jury . . . [except designated cases] the court shall find the facts specially and state separately its conclusions of law thereon. . . Findings of facts shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witness.” Ga. L. 1970, pp. 170, 171 (Code Ann. § 81A-152). Accordingly, assuming but not deciding that the findings of fact contended for by the appellants would have been authorized by the evidence presented on the trial, yet, where the facts found by the trial court were authorized by the evidence such findings will not be set aside.

2. In case No. 28262 the judgment of the trial court limiting the development of the mobile home park for not more than 33 mobile homes was authorized by the evidence and such judgment must be affirmed.

*696 Case No. 28262: Submitted October 23, 1973 Decided January 28, 1974 Rehearing denied February 18, 1974. Green, Force & Alderman, William O. Green, Jr., for appellant. Fudger & Foster, Arthur W. Fudger, for appellees. Case No. 28330: Submitted October 10, 1973

Decided January 28, 1974.

Green, Force & Alderman, William O. Green, Jr., for appellants. Lane & Sanders, W. Robert Lane, Fudger & Foster, Arthur W. Fudger, for appellees.

3. The judgment in case No. 28330 providing that the property owners may maintain on said property the two (2) mobile homes, which the court found may have been located on such property prior to the adoption of the zoning ordinance in question, was authorized by the evidence and must be affirmed.

Judgments affirmed.

All the Justices concur.

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203 S.E.2d 860, 231 Ga. 695, 1974 Ga. LEXIS 1192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brook-forest-enterprises-inc-v-paulding-county-ga-1974.