lawskills
Google
search the Web search LawSkills.com
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
BERSCH et al. v. HAUCK et al.
45433.
JORDAN, Presiding Judge.
Zoning appeal. Fulton Superior Court. Before Judge Etheridge.
The Atlanta-Fulton County Joint Board of Adjustment allowed a variance to permit development of a parcel of land with coverage of 43.69% instead of 35%. On appeal to the superior court the action of the board was declared null and void. Held:
Applying the guidelines established by the Victoria case, supra, the evidence adduced in this case fails to support the determination of the trial judge that the complainants were entitled to appeal the decision of the board to the superior court. Hauck and the Druid Hills Civic Association own no property affected by the variance, and Tatman testified he "wouldn't be injured" and had "no dollar value to put on" his property as affected by the variance. In the absence of any showing of the probability of substantial damage, we do not reach a consideration of the further qualification set forth in the Victoria case to the effect that the probable damages must be of a nature not common to other property owners similarly situated. Absent a proper showing of substantial interest the trial judge should have dismissed the appeal to the Superior court.
Ware, Sterne & Griffin, Alton H. Hopkins, amicus curiae.
Greene, Buckley, DeRieux & Jones, James A. Eichelberger, Alfred B. Adams, III, Jones & Somers, Fred L. Somers, Jr., for appellees.
Hansell, Post, Brandon & Dorsey, W. Rhett Tanner, for appellants.
ARGUED JULY 7, 1970 -- DECIDED SEPTEMBER 8, 1970 -- REHEARING DENIED SEPTEMBER 29, 1970 -- CERT. APPLIED FOR.
Friday July 25 10:35 CDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com