JUBRIL AGBE v. CITY OF ATLANTA

• Court: Court of Appeals of Georgia
• Decided: February 24, 2025
• Docket: A25A1207
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 24, 2025

The Court of Appeals hereby passes the following order:

A25A1207. JUBRIL AGBE et al. v. CITY OF ATLANTA.

In 2021, the City of Atlanta issued a building permit to renovate an automobile repair shop, but then revoked the permit because it violated local zoning regulations. Proceeding pro se, Jubril Agbe and Samuel Kwushue1 filed an action against the City, challenging the City’s application of the local zoning ordinance to the shop. The trial court thereafter granted the City’s motion to dismiss under OCGA § 9-11-12 (b), and Agbe and Kwushue filed this direct appeal. We lack jurisdiction. A zoning decision made by a local government constitutes the action of a local administrative agency within the meaning of OCGA § 5-6-35 (a) (1), and an appeal from a superior court decision reviewing a local administrative agency’s decision must come by way of an application for discretionary appeal. Hamryka v. City of Dawsonville, 291 Ga. 124, 125 (1) (728 SE2d 197) (2012) (holding that an application was required to seek review of an administrative zoning decision under OCGA § 5-6-35 (a) (1) even though appellant filed a new action below, rather than appealing the zoning decision to the superior court); Trend Dev. Corp. v. Douglas County, 259 Ga. 425, 426 (1) (383 SE2d 123) (1989) (explaining that “all zoning cases” must come to the appellate courts by application for discretionary review).

1 Kwushue had previously sought a writ of mandamus against the City’s Director of the Department of City Planning to reinstate a revoked building permit and rezone the property. This Court affirmed the trial court’s dismissal of that action in an unpublished opinion. See Kwushue v. Pace et al., Case No. A23A0060 (May 10, 2023). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Because Agbe and Kwushue challenge the superior court’s review of a local administrative decision, their failure to file a discretionary application deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/24/2025 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.