Johnson v. DeKalb County

Supreme Court of Georgia

Johnson v. DeKalb County

243 S.E.2d 70, 241 Ga. 28, 1978 Ga. LEXIS 870

CourtSupreme Court of Georgia

DecidedMarch 8, 1978

Docket33258

StatusPublished

This text of 243 S.E.2d 70 (Johnson v. DeKalb 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

Johnson v. DeKalb County, 243 S.E.2d 70, 241 Ga. 28, 1978 Ga. LEXIS 870 (Ga. 1978).

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Opinion

Undercofler, Presiding Justice.

This is an equitable action seeking an injunction and to set aside the rezoning of a tract of land from R-100 (residential) to C-l (commercial) by the DeKalb County Board of Commissioners, alleging improper procedure under county zoning ordinances. Eight errors are assigned by appellants challenging the conclusions and orders of the trial court in finding the actions by the board of commissioners were constitutionally permissible and proper with regard to notice and other procedural [29]*29requirements and in dismissing an interlocutory injunction, denying a request for permanent injunction and dismissing their petition with prejudice. A careful reading of the record and transcript of evidence submitted, including the applicable sections of the county zoning ordinances, shows no error. A motion to dismiss the appeal, filed by appellees, is denied.

Argued February 13, 1978 Decided March 8, 1978. Schreeder, Wheeler & Flint, David H. Flint, for appellants. George P. Dillard, Gail C. Flake, Harland, Cashin, Chambers, Davis & Doster, James R. Harland, Harry L. Cashin, Jr., SimuelF. Doster, Jr., Wendell K. Willard, for appellees.

Judgment affirmed.

All the Justices concur.

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Undercofler, Presiding Justice.

This is an equitable action seeking an injunction and to set aside the rezoning of a tract of land from R-100 (residential) to C-l (commercial) by the DeKalb County Board of Commissioners, alleging improper procedure under county zoning ordinances. Eight errors are assigned by appellants challenging the conclusions and orders of the trial court in finding the actions by the board of commissioners were constitutionally permissible and proper with regard to notice and other procedural [29]*29requirements and in dismissing an interlocutory injunction, denying a request for permanent injunction and dismissing their petition with prejudice. A careful reading of the record and transcript of evidence submitted, including the applicable sections of the county zoning ordinances, shows no error. A motion to dismiss the appeal, filed by appellees, is denied.

Argued February 13, 1978 Decided March 8, 1978. Schreeder, Wheeler & Flint, David H. Flint, for appellants. George P. Dillard, Gail C. Flake, Harland, Cashin, Chambers, Davis & Doster, James R. Harland, Harry L. Cashin, Jr., SimuelF. Doster, Jr., Wendell K. Willard, for appellees.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

243 S.E.2d 70, 241 Ga. 28, 1978 Ga. LEXIS 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-dekalb-county-ga-1978.