Doyal v. Jackson

Supreme Court of Georgia

Doyal v. Jackson

41 S.E.2d 152, 201 Ga. 746, 1947 Ga. LEXIS 311

Supreme Court of Georgia·Decided January 7, 1947·No. 15670.·Published

Opinion

Atkinson, Justice.

The petition alleging that the Planning Commission of DeKalb County rendered a decision denying a permit to the defendants for the erection of a store and filling station, which decision was reversed by the Board of Zoning Appeals, was subject to the ground of demurrer that, since the petition showed a right by the writ of certiorari, under .section 16 of the act of 1943 (Ga. L. 1943, p. 930), to have the decision of the Board of Zoning Appeals reviewed by the Superior Court of DeKalb County, thus affording a complete and adequate remedy at law, no right to the equitable relief sought is made to appear.

Judgment affirmed.

All the Justices concur.

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

Atkinson, Justice.

The petition alleging that the Planning Commission of DeKalb County rendered a decision denying a permit to the defendants for the erection of a store and filling station, which decision was reversed by the Board of Zoning Appeals, was subject to the ground of demurrer that, since the petition showed a right by the writ of certiorari, under .section 16 of the act of 1943 (Ga. L. 1943, p. 930), to have the decision of the Board of Zoning Appeals reviewed by the Superior Court of DeKalb County, thus affording a complete and adequate remedy at law, no right to the equitable relief sought is made to appear.

Judgment affirmed.

All the Justices concur.

Doyal v. Jackson, 41 S.E.2d 152, 201 Ga. 746, 1947 Ga. LEXIS 311 (Ga. 1947).

Pincite

41 S.E.2d 152 (Doyal v. Jackson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.