Rogers v. MAYOR & BOARD OF ALDERMEN OF THE CITY OF ATLANTA

Supreme Court of Georgia

Rogers v. MAYOR & BOARD OF ALDERMEN OF THE CITY OF ATLANTA

136 S.E.2d 342, 219 Ga. 799, 1964 Ga. LEXIS 411

CourtSupreme Court of Georgia

DecidedApril 9, 1964

Docket22422

StatusPublished

Cited by1 cases

This text of 136 S.E.2d 342 (Rogers v. MAYOR & BOARD OF ALDERMEN OF THE 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.

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Rogers v. MAYOR & BOARD OF ALDERMEN OF THE CITY OF ATLANTA, 136 S.E.2d 342, 219 Ga. 799, 1964 Ga. LEXIS 411 (Ga. 1964).

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Opinion

Quillian, Justice.

The plaintiffs in error brought their petition for certiorari to the Fulton Superior Court complaining of the denial of a “special use permit” to construct a church in a residential area by the Mayor & Board of Aldermen of the City *800 of Atlanta. They except and assign error on the judgment overruling the certiorari. The sole basis of jurisdiction in this court is contained in their contention that the decision of the board, under provisions of a zoning ordinance of the City of Atlanta (Article XXI of the Atlanta Zoning Ordinance of 1954 as amended by a 1960 ordinance), violated Georgia and Federal constitutional provisions, to wit: the First and Fourteenth Amendments to the United States Constitution and Art. I, Sec. I, Par. Ill and Art. I, Sec. I, Par. XII of the Georgia Constitution. Held:

Submitted March 10, 1964 Decided April 9, 1964. Edenfield, HeymanA Sizemore, for plaintiffs in error. Ralph C. Jenkins, Henry L. Bowden, contra.

It is well settled that the Court of Appeals, and not this court, has jurisdiction in cases involving the constitutionality of municipal ordinances. Thompson v. City of Atlanta, 176 Ga. 489 (168 SE 312); Hicks v. City of Dublin, 183 Ga. 390 (188 SE 339); Moore v, City of Tifton, 207 Ga. 443 (62 SE2d 182) ; Beard v. City of Atlanta, 211 Ga. 25 (83 SE2d 594). Hence, this case must be

Transferred to the- Court of Appeals.

All the Justices concur.

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Quillian, Justice.

The plaintiffs in error brought their petition for certiorari to the Fulton Superior Court complaining of the denial of a “special use permit” to construct a church in a residential area by the Mayor & Board of Aldermen of the City *800 of Atlanta. They except and assign error on the judgment overruling the certiorari. The sole basis of jurisdiction in this court is contained in their contention that the decision of the board, under provisions of a zoning ordinance of the City of Atlanta (Article XXI of the Atlanta Zoning Ordinance of 1954 as amended by a 1960 ordinance), violated Georgia and Federal constitutional provisions, to wit: the First and Fourteenth Amendments to the United States Constitution and Art. I, Sec. I, Par. Ill and Art. I, Sec. I, Par. XII of the Georgia Constitution. Held:

Submitted March 10, 1964 Decided April 9, 1964. Edenfield, HeymanA Sizemore, for plaintiffs in error. Ralph C. Jenkins, Henry L. Bowden, contra.

It is well settled that the Court of Appeals, and not this court, has jurisdiction in cases involving the constitutionality of municipal ordinances. Thompson v. City of Atlanta, 176 Ga. 489 (168 SE 312); Hicks v. City of Dublin, 183 Ga. 390 (188 SE 339); Moore v, City of Tifton, 207 Ga. 443 (62 SE2d 182) ; Beard v. City of Atlanta, 211 Ga. 25 (83 SE2d 594). Hence, this case must be

Transferred to the- Court of Appeals.

All the Justices concur.

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136 S.E.2d 342, 219 Ga. 799, 1964 Ga. LEXIS 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-mayor-board-of-aldermen-of-the-city-of-atlanta-ga-1964.

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