City of Atlanta v. Donald
| Decision Date | 11 June 1964 |
| Docket Number | No. 22512,22512 |
| Citation | 137 S.E.2d 294,220 Ga. 98 |
| Parties | CITY OF ATLANTA v. Inez E. DONALD. |
| Court | Georgia Supreme Court |
Henry L. Bowden, Robert S. Wiggins, Atlanta, for plaintiff in error.
Peek, Whaley & Blackburn, Glenville Haldi, Atlanta, for defendant in error.
Syllabus Opinion by the Court
Mrs. Inez e. Donald sought damages against the City of Atlanta, as the owner of the Atlanta Municipal Airport, alleging that her described property has become unfit for habitation by reason of noises, vibrations, and obnoxious odors caused by the operation of jet aircraft. By an amendment she alleged that 'such taking of private property for public purposes violates your petitioner's rights under the 14th amendment to the Constitution of the United States and under Paragraph 1, Section 3 of the Constitution of Georgia.' The City of Atlanta brought its writ of error to this court assigning error on the overruling of its general and special demurrers, stating as the basis for the jurisdiction of this court that 'the issue raised * * * involves the construction of the Constitution of the State of Georgia and the Constitution of the United States.' HELD:
The contention in a damage case that the alleged taking of private property for public purposes is in violation of the due process clause of the State and Federal Constitutions does not make it one that involves the construction of the State and Federal Constitutions. 'The Court of Appeals has jurisdiction to decide questions of law that involve application, in a general sense, of unquestioned and unambiguous provisions of the constitution to a given state of facts, and that do not involve construction of some constitutional provision directly in question and doubtful either under its own terms or under the decisions of the Supreme Court of the State or of the United States, and that do not involve the constitutionality of any law of the State or of the United States or any treaty.' Gulf Paving Co. v. City of Atlanta, 149 Ga. 114, 99 S.E. 374; Dunn Motors Inc. v. General Motors Acceptance Corp., 174 Ga. 743, 163 S.E. 906; Morris v. Tatum, 178 Ga. 728, 174 S.E. 340; Campbell v. Atlanta Coach Co., 186 Ga. 77, 196 S.E. 769; Mayor &c. of Athens v. Gamma Delta Chapter House Corp., 208 Ga. 392, 67 S.E.2d 111. The present case is not one within the jurisdiction of this court under the Constitution of 1945, Art. VI, Sec. II, Par. IV (Code Ann. § 2-3704), and it is, therefore,
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City of Atlanta v. Donald, 40864
...the constitution to a given state of facts, and that do not involve construction of some constitutional provision.' City of Atlanta v. Donald, 220 Ga. 98, 137 S.E.2d 294. 2. Neither Thompson v. City of Atlanta, 219 Ga. 190, 132 S.E.2d 188 nor Dyer v. City of Atlanta, 219 Ga. 538, 134 S.E.2d......
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Fishman v. State, 27154
...reach any issue concerning the construction of any provision of the Constitution of the United States or Georgia. See City of Atlanta v. Donald, 220 Ga. 98, 137 S.E.2d 294 and numerous cases cited The appeal is one within the jurisdiction of the Court of Appeals, and is therefore not subjec......
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State Highway Dept. v. Respess, 41099
...and that do not involve the constitutionality of any law of the State or of the United States or any treaty.' City of Atlanta v. Donald, 220 Ga. 98, 99, 137 S.E.2d 294. 2. There is no merit in the condemnee's contentions that the proceeding was in violation of the Georgia and United States ......
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Ramirez v. State
...confer jurisdiction in this court under Art. VI, Sec. II, Par. IV of the Georgia Constitution (Code Ann. § 2-3704). City of Atlanta v. Donald, 220 Ga. 98, 137 S.E.2d 294; Allen v. State, 219 Ga. 777, 135 S.E.2d 885; Jarvis v. State, 197 Ga. 704, 30 S.E.2d Although the movant prayed that an ......