CITY OF CUMMING, GEORGIA v. ROBERT G. FLOWERS

Court of Appeals of Georgia

CITY OF CUMMING, GEORGIA v. ROBERT G. FLOWERS

DecidedMay 16, 2016

DocketA16I0191

StatusPublished

This text of CITY OF CUMMING, GEORGIA v. ROBERT G. FLOWERS (CITY OF CUMMING, GEORGIA v. ROBERT G. FLOWERS) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

CITY OF CUMMING, GEORGIA v. ROBERT G. FLOWERS, (Ga. Ct. App. 2016).

Pincite

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 16, 2016

The Court of Appeals hereby passes the following order:

A16I0191. CITY OF CUMMING, GEORGIA et al. v. ROBERT G. FLOWERS et al. A16I0193. KERLEY FAMILY HOMES, LLC et al. v. ROBERT G. FLOWERS et al.

Robert G. Flowers, Kathleen Donovan, and Castleberry Homeowners Association Two, Inc. filed a complaint for appeal against the City of Cumming, Georgia, various city council members and members of the Board of Zoning Appeals (collectively the “city defendants”), and Kerley Family Homes, LLC and Kerley Family Homes at HR, LLC (collectively “Kerley Family Homes”) after the city defendants overturned the planning commission’s denial of Kerley Family Homes’ petition for a zoning variance. The complaint sought injunctive relief and a writ of mandamus compelling the city defendants to rescind the zoning variance. After the trial court denied the defendants’ motions to dismiss, which were converted to motions for summary judgment, the defendants filed these applications for interlocutory review in this Court. Under our Constitution, the Supreme Court has exclusive appellate jurisdiction over all cases involving extraordinary remedies, including mandamus. See Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (5); Mid-Georgia Environmental Mgt. Group, L.L.P. v. Meriwether County, 277 Ga. 670, 671 (1) (594 SE2d 344) (2004). Because the order in this case addresses the appropriateness of mandamus relief, these applications are hereby TRANSFERRED to the Supreme Court for disposition. See Saxton v. Coastal Dialysis &c., 267 Ga. 177, 178 (476 SE2d 587) (1996) (Supreme Court has the ultimate responsibility for determining appellate jurisdiction). Court of Appeals of the State of Georgia 05/16/2016 Clerk’s Office, Atlanta,____________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

Free access — add to your briefcase to read the full text and ask questions with AI

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 16, 2016

The Court of Appeals hereby passes the following order:

A16I0191. CITY OF CUMMING, GEORGIA et al. v. ROBERT G. FLOWERS et al. A16I0193. KERLEY FAMILY HOMES, LLC et al. v. ROBERT G. FLOWERS et al.

Robert G. Flowers, Kathleen Donovan, and Castleberry Homeowners Association Two, Inc. filed a complaint for appeal against the City of Cumming, Georgia, various city council members and members of the Board of Zoning Appeals (collectively the “city defendants”), and Kerley Family Homes, LLC and Kerley Family Homes at HR, LLC (collectively “Kerley Family Homes”) after the city defendants overturned the planning commission’s denial of Kerley Family Homes’ petition for a zoning variance. The complaint sought injunctive relief and a writ of mandamus compelling the city defendants to rescind the zoning variance. After the trial court denied the defendants’ motions to dismiss, which were converted to motions for summary judgment, the defendants filed these applications for interlocutory review in this Court. Under our Constitution, the Supreme Court has exclusive appellate jurisdiction over all cases involving extraordinary remedies, including mandamus. See Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (5); Mid-Georgia Environmental Mgt. Group, L.L.P. v. Meriwether County, 277 Ga. 670, 671 (1) (594 SE2d 344) (2004). Because the order in this case addresses the appropriateness of mandamus relief, these applications are hereby TRANSFERRED to the Supreme Court for disposition. See Saxton v. Coastal Dialysis &c., 267 Ga. 177, 178 (476 SE2d 587) (1996) (Supreme Court has the ultimate responsibility for determining appellate jurisdiction). Court of Appeals of the State of Georgia 05/16/2016 Clerk’s Office, Atlanta,____________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

Cite This Page — Counsel Stack

Bluebook (online)

CITY OF CUMMING, GEORGIA v. ROBERT G. FLOWERS, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-cumming-georgia-v-robert-g-flowers-gactapp-2016.

Opinion

Related

Cite This Page — Counsel Stack