DeKalb County v. Schurgin Development Corp.

398 S.E.2d 260, 197 Ga. App. 229, 1990 Ga. App. LEXIS 1270
Court of Appeals of Georgia·Decided October 10, 1990·No. A90A1592·Published

Opinion

McMurray, Presiding Judge.

On March 27, 1990, the trial court dismissed appellants’ cross-appeal in this zoning case. Appellants simultaneously pursued this direct appeal and a discretionary appeal from the trial court’s order of dismissal. Appellants’ discretionary appeal application was transferred to the Supreme Court where it was denied.

With regard to the direct appeal, we find that we are without jurisdiction to entertain it. A direct appeal cannot be entertained in a zoning case. Trend Dev. Corp. v. Douglas County, 259 Ga. 425 (383 SE2d 123). It follows that this direct appeal from an order dismissing a notice of cross-appeal in this zoning case must be dismissed. See Brewer v. Bd. of Zoning Adjustment, Atlanta, 170 Ga. App. 351 (317 SE2d 327).

Appeal dismissed.

Carley, C. J., and Sognier, J., concur.

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DeKalb County v. Schurgin Development Corp., 398 S.E.2d 260, 197 Ga. App. 229, 1990 Ga. App. LEXIS 1270 (Ga. Ct. App. 1990).

398 S.E.2d 260 (DeKalb County v. Schurgin Development Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Brewer v. BOARD OF ZONING ADJUSTMENT OF ATLANTA
317 S.E.2d 327 (Court of Appeals of Georgia, 1984)
Trend Development Corp. v. Douglas County
383 S.E.2d 123 (Supreme Court of Georgia, 1989)