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Lawskills.com Georgia Caselaw
RADCLIFF v. DINGLE.
42724.
CLARKE, Justice.
Election contest. Fulton Superior Court. Before Judge Mills from Blue Ridge Circuit.
1. We first address the ruling of the court that Mr. Radcliff was not a qualified candidate for city office because he was a resident of DeKalb County, outside the city limits of Atlanta, from September 1, 1983, until September 17, 1985. Chapter 2, Sec. 2-202 of the Charter of the City of Atlanta requires that a candidate be a resident of the city for at least two years immediately preceding his notice of candidacy. When a court tries the facts without a jury, the evidence will be construed on appeal to uphold the judgment. Barry v. Stanco Communications Products, 243 Ga. 68 (252 SE2d 491) (1979). We hold that the judgment finding Mr. Radcliff not a qualified candidate is supported by the evidence and must be affirmed.
2. Mr. Radcliff was not a resident of the City of Atlanta at the time he filed his challenge to Mr. Arrington's qualifications; therefore, he was not a qualified "elector" as required by OCGA 21-3-3 which defines the procedures for challenging qualifications of a candidate for municipal office. Reviewing the entire record before this court, we hold the trial court was correct in denying Mr. Radcliff's challenge.
Marva Jones Brooks, David D. Blum, for appellee.
Arthur Radcliff, pro se.
DECIDED NOVEMBER 27, 1985.
Thursday May 21 16:59 EDT


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