Oliver v. City of Macon, 33478
| Decision Date | 02 May 1978 |
| Docket Number | No. 33478,33478 |
| Citation | 241 Ga. 306,245 S.E.2d 280 |
| Parties | OLIVER et al. v. CITY OF MACON. |
| Court | Georgia Supreme Court |
Raley & Exum, F. Robert Raley, Macon, for appellants.
Andrew W. McKenna, J. Michael Carpenter, Macon, for appellee.
The appellants were cited by the building inspector of the City of Macon for violations of the city's housing code. They appealed the building inspector's determination to the municipal court. That court affirmed the building inspector's determination and ordered the properties be brought into minimum code standards within 60 days or else the buildings on the properties be demolished or removed. The appellants applied for certiorari to the superior court, which denied the writ.
Appellants contend this court has jurisdiction of the appeal due to a constitutional challenge as to the validity of the Housing Code of the City of Macon. There was no copy of the ordinance contained in the record. This court cannot take judicial notice of municipal ordinances. Mayor etc. of Savannah v. TWA, 233 Ga. 885, 887, 214 S.E.2d 370 (1975). The remaining enumerations of error are within the jurisdiction of the Court of Appeals. Therefore, this case is transferred to that court.
Transferred to the Court of Appeals.
All the Justices concur.
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Selvy v. Morrison
...There is no copy of this ordinance in the record, and we cannot take judicial notice of municipal ordinances. Oliver v. City of Macon, 241 Ga. 306, 245 S.E.2d 280 (1978). 17. See Reed v. DeKalb County, 264 Ga.App. 83, 86-87, 589 S.E.2d 584 (2003) ("Even when an arresting officer operates on......
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...other than the court of such jurisdiction, because the ordinance is not "published by authority." See generally Oliver v. City of Macon, 241 Ga. 306, 245 S.E.2d 280 (1978); Leger v. Ken Edwards Enterprises, 223 Ga. 536, 156 S.E.2d 651 (1967); Poole v. State, 229 Ga.App. 406, 409(2), 494 S.E......
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