Howell v. Bd. Of Com'rs For City Of Quitman, (No. 6795.)
| Decision Date | 19 September 1929 |
| Docket Number | (No. 6795.) |
| Citation | 169 Ga. 74,149 S.E. 779 |
| Parties | HOWELL et al. v. BOARD OF COM'RS FOR CITY OF QUITMAN. |
| Court | Georgia Supreme Court |
(Syllabus by Editorial Staff.)
Error from Superior Court, Brooks County; W. E. Thomas, Judge.
Mandamus by W. C. Howell and others against the Board of Commissioners for the City of Quitman. Judgment for defendant, and applicant brings error. Reversed.
L. W. Branch, of Quitman, and E. K. Wilcox and T. G. Connell, both of Valdosta, for plaintiff in error.
Russell Snow, of Quitman, for defendant in error.
Syllabus Opinion by the Court.
The city of Quitman has a population of about 5, 000. Screven street extends east and west entirely through the city. It is intersected by Clay and Madison streets, which extend north and south through the city. It is also intersected by five other streets, parallel with and located between Clay and Madison streets. One of these is Washington street, which is the way of immediate approach to the Atlantic Coast Line Railroad station. This is a paved street, and at the point of intersection with Screven street it is 66 feet wide, including two sidewalks. The driveway in the street is 27 feet wide. Screven street is 132 feet wide, having two paved driveways and sidewalks, with a curbed park in the center. The driveways on Screven street, between Washington and Madison streets are each 33 feet wide, and the sidewalks each 16 feet wide. The driveways on Screven street between Washington and Clay streets are each 27 feet wide, and the sidewalks 21 feet wide. Screven street is the principal residential and business street in the city. Next in importance are Washington and South Lee streets. The vehicular and pedestrian travel on Washington street is about equal to that on Screven street at the point of intersection. The intersection of Screven and Washington streets is at the heart of the business section of the city, and at this point approximately 1, 000 pedestrians and 1, 500 vehicles pass on Screven street each day in the year. With the situation as indicated, the board of commissioners of the city adopted an ordinance declaring:
After adoption of this ordinance, W. C. Howell and Fuller Pedrick, being lessees of described realty for a term exceeding five years, made formal application to the board of commissioners for special permission to construct and equip a filling and service station at the southeast corner of Screven and Washington streets, for "selling and otherwise disposing of gasoline, oil, greases, and tires, " and for "permission to so change the sidewalks on Screven and Washington streets as to facilitate the passage of motor vehicles through said filling station from Screven street to Washington street, and vice versa." The space to be occupied by the proposed filling station was a part of an existing building, and had a frontage of 261/4 feet on Screven street and 55 feet on Washington street....
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