City of Kennesaw v. Ravan, 36026
Decision Date | 06 February 1980 |
Docket Number | No. 36026,36026 |
Citation | 264 S.E.2d 200,245 Ga. 226 |
Parties | CITY OF KENNESAW v. RAVAN. |
Court | Georgia Supreme Court |
Fred D. Bentley, Sr., Marietta, for appellant.
Thomas J. Charron, Dist. Atty., for appellee.
On January 4, 1980, the Honorable Howell C. Ravan, Judge, Cobb Superior Court, entered the following order:
The city moved to vacate the order, or for supersedeas pending appeal, alleging that said order was an injunctive order entered sua sponte and ex parte, without notice, without affording the city an opportunity to be heard, without being based upon an adversarial proceeding, and without jurisdiction in that the cited statutory authority vested jurisdiction, if at all, in the county governing authority and not in the superior court. The city's motions were denied and it filed notice of appeal, claiming the right to appeal under the authority of Darden v. Ravan, 232 Ga. 756, 208 S.E.2d 846 (1974).
In Darden v. Ravan, supra, 232 Ga. at 758, 208 S.E.2d at 847, this court held that "A judgment rendered sua sponte by the superior court which mandates actions and which, if valid, would...
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...present during judicial hearings in criminal cases. See, WXIA-TV v. Devier, 5 Med.L.Rptr. 2454 (Ga.Supr.Ct.1980); City of Kennesaw v. Ravan, 245 Ga. 226, 264 S.E.2d 200 (1980); Darden v. Ravan, 232 Ga. 756, 208 S.E.2d 846 (1974). 3. Georgia law, as we perceive it, regarding the public aspec......