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Lawskills.com Georgia Caselaw
QUIGLEY et al. v. WOODALL et al.
41591.
PER CURIAM.
Zoning; constitutional question. Fulton Superior Court. Before Judge Eldridge.
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 SE2d 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.
Hurt, Richardson, Garner, Todd & Cadenhead, James H. Cox, James R. Harland, Jr., Franklin N. Biggins, for appellees.
Henning, Chambers & Mabry, Walter B. McClelland, Richard W. Wilson, Jr., for appellants.
DECIDED JANUARY 7, 1985.
Thursday May 21 16:59 EDT


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