Russell v. Towles

249 S.E.2d 615, 242 Ga. 358, 1978 Ga. LEXIS 1205

Opinion

Undercofler, Presiding Justice.

We granted this interlocutory appeal to consider the question whether DeKalb County is entitled to a jury trial in a zoning case. In Guhl v. Davis, 242 Ga. 356 (1978), we held that constitutional questions are for the court and not a jury. The motion to dismiss is denied.

Argued September 13, 1978 Decided October 4, 1978 Rehearing denied October 24, 1978. George P. Dillard, Gail C. Flake, for appellants. Somers & Altenbach, John W. Gibson, Charles E. Jabaley, for appellees.

Judgment affirmed.

All the Justices concur.