Prince v. Thompson, 20835
| Decision Date | 07 April 1960 |
| Docket Number | No. 20835,20835 |
| Citation | 113 S.E.2d 772,215 Ga. 860 |
| Parties | G. W. PRINCE v. Frank L. THOMPSON et al. |
| Court | Georgia Supreme Court |
Harris, Chance, McCracken & Harrison, Otis W. Harrison, Killebrew, McGahee & Plunkett, Augusta, for plaintiff in error.
P. H. Rowe, Augusta, for defendant in error.
Syllabus Opinion by the Court.
The exception here is to the denial of a motion to dismiss an appeal to the Superior Court of Richmond County, Georgia, from a decision of the City-County Board of Zoning Appeals of the City of Augusta and Richmond County, approving a variance in zoning of certain described property from B-1A to B-1, the motion to dismiss being predicated on the grounds (1) that the appeal from the Board of Zoning Appeals to the superior court for a de novo trial by jury is in direct conflict with the provisions of Code (Ann.) § 2-1923, Const. art. 3, § 7, par. 23; (2) that only authorities empowered by the Constitution to zone can zone, and that the Constitution restricts the authority to zone to the governing authorities of the municipalities and counties involved; (3) that the appeal is in violation of the Constitution and ought, therefore, to be dismissed; and (4) that the Constitution provides that the power to zone and rezone property is left exclusively in the jurisdiction of the governing authorities of the municipalities and counties and no other, and that any law in conflict with this provision of the Constitution of the State is unconstitutional and void. Held:
1. Manufacturers Trust Co. v. Wilby-Kincey Service Corp., 204 Ga. 273, 274(2), 49 S.E.2d 514, 515. See also Krasner v. Rutledge, 204 Ga. 380, 382, 49 S.E.2d 864; Smith v. Brogan, 207 Ga. 642, 643, 63 S.E. 2d 647; Lanier v. Suttles, 212 Ga. 154(1), 156, 91 S.E.2d 21; Richmond Concrete Products Co. v. Ward, 212 Ga. 773, 774, 95 S.E.2d 677.
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