Quigley v. Woodall

Full title: QUIGLEY et al. v. WOODALL et al

Court: Supreme Court of Georgia

Date published: Jan 7, 1985

325 S.E.2d 772 (Ga. 1985)

325 S.E.2d 772

Opinion

41591.

DECIDED JANUARY 7, 1985.

Zoning; constitutional question. Fulton Superior Court. Before Judge Eldridge.

Henning, Chambers Mabry, Walter B. McClelland, Richard W. Wilson, Jr., for appellants.

Hurt, Richardson, Garner, Todd Cadenhead, James H. Cox, James R. Harland, Jr., Franklin N. Biggins, for appellees.

PER CURIAM.

Judgment affirmed without opinion pursuant to Rule 59 of this court.

All the Justices concur, except Hill, C. J., who concurs specially and Smith, J., not participating.

DECIDED JANUARY 7, 1985.

HILL, Chief Justice, concurring specially.

I write simply to point out that, in my view, when neighbors of rezoned property seek to show that the rezoning power is being manifestly abused to the oppression of the neighbors, see Cross v. Hall County, 238 Ga. 709, 711 ( 235 S.E.2d 379) (1977), they must do so by objective evidence, not the subjective intent of the county commissioners, and hence the taking of the depositions of the county commissioners is unnecessary.