Eris v. City of Atlanta

Supreme Court of Georgia

Eris v. City of Atlanta

356 S.E.2d 885, 257 Ga. 178, 1987 Ga. LEXIS 792

CourtSupreme Court of Georgia

DecidedJune 19, 1987

Docket44385

StatusPublished

This text of 356 S.E.2d 885 (Eris v. City of Atlanta) 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

Eris v. City of Atlanta, 356 S.E.2d 885, 257 Ga. 178, 1987 Ga. LEXIS 792 (Ga. 1987).

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Opinion

Weltner, Justice.

Grace Eris was convicted in the Municipal Court of Atlanta of the violation of Section 14-6172 of the Atlanta City Code, which prohibits the operation of a “hotel, lodging house, rooming house or similar place” without first applying to the bureau of police services for a permit to do so. This section of the ordinance does not define “a hotel, lodging house, rooming house or similar place.” Section 14-6171, however, defines “rooming house.” It defines also “apartment house” as a building in which “living facilities such as a living room, bedroom, kitchen and bath are provided for a person or family, and where the building is capable of accommodating two or more families who would have separate living facilities.” Eris, who is a licensed real estate broker, was a principal in a real estate management firm that managed some two hundred condominium units in Peachtree Towers. The units which Eris rented consisted of a living room, one or two bedrooms, a kitchen and a bathroom.

Under the evidence of this case, there is no question but that each condominium unit in question was an “apartment,” (as distin[179]*179guished from being a “hotel, lodging house, rooming house or similar place”) as this term is defined by Section 14-6171 of the Atlanta City Code. As such, Eris’ conviction, therefore, must be vacated.

Decided June 19, 1987. Hishon & Ranney, Hugh M. Worsham, Jr., for appellant. Raines F. Carter, Solicitor, for appellees.

Judgment reversed.

All the Justices concur.

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Weltner, Justice.

Grace Eris was convicted in the Municipal Court of Atlanta of the violation of Section 14-6172 of the Atlanta City Code, which prohibits the operation of a “hotel, lodging house, rooming house or similar place” without first applying to the bureau of police services for a permit to do so. This section of the ordinance does not define “a hotel, lodging house, rooming house or similar place.” Section 14-6171, however, defines “rooming house.” It defines also “apartment house” as a building in which “living facilities such as a living room, bedroom, kitchen and bath are provided for a person or family, and where the building is capable of accommodating two or more families who would have separate living facilities.” Eris, who is a licensed real estate broker, was a principal in a real estate management firm that managed some two hundred condominium units in Peachtree Towers. The units which Eris rented consisted of a living room, one or two bedrooms, a kitchen and a bathroom.

Under the evidence of this case, there is no question but that each condominium unit in question was an “apartment,” (as distin[179]*179guished from being a “hotel, lodging house, rooming house or similar place”) as this term is defined by Section 14-6171 of the Atlanta City Code. As such, Eris’ conviction, therefore, must be vacated.

Decided June 19, 1987. Hishon & Ranney, Hugh M. Worsham, Jr., for appellant. Raines F. Carter, Solicitor, for appellees.

Judgment reversed.

All the Justices concur.

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Bluebook (online)

356 S.E.2d 885, 257 Ga. 178, 1987 Ga. LEXIS 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eris-v-city-of-atlanta-ga-1987.