lawskills
Loading
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
FORRESTER v. CITY OF GAINESVILLE.
24016.
MOBLEY, Justice.
Injunction. Hall Superior Court. Before Judge Kenyon.
The appeal is from a judgment and decree denying an interlocutory injunction to the appellant, whose petition, as amended, sought to temporarily and permanently enjoin the City of Gainesville from discontinuing the furnishing of water and other services to described property of the appellant as is provided property owners in the city; and from the order finding the appellant in violation of Sections 26-19, 26-41 and 26-44 of the zoning ordinance of the City of Gainesville, that he is not entitled to an occupancy permit so long as violation of the zoning ordinance continues, and temporarily enjoining him from using and occupying the lot and premises until further order of the court.
The city filed an answer and cross action in which it alleged that the appellant was violating the three sections of the zoning ordinance, in that he was constructing an addition to his building which violated the provisions requiring a setback of a certain number of feet from the street, and prohibiting interference in certain detailed particulars with vision at an intersection, and that he has been, and is, occupying the building in violation of the ordinance requiring an occupancy permit, which he does not have and is not entitled to have because of his violation of the sections of the ordinance as to set-back and obstruction of vision. Held:
1. (a) After hearing evidence the court found that the property owner was in violation of the three sections of the ordinance, and the evidence clearly sustains this finding. The evidence shows that he proceeded with construction and enlargement of his building without a building permit, and in violation of the minimum set-back for side yard purposes and of the vision clearance required, all in violation of the zoning ordinance of the city.
(b) The trial judge also found that the evidence did not show such conduct on the part of the city as would estop it from enforcement of the ordinance. The evidence clearly supports that finding of the court. The appellant procured an application from the city for a permit to build, and paid a $2 fee for it. However, the repairs and additions were begun prior to the date of issuance of this receipt, and were continued after he was advised that this was not a permit. He is charged with knowledge of the law, and that a valid permit was required before beginning construction. The evidence was sufficient to sustain the finding of the trial court that the representatives of the city at no time told the appellant that he had a permit authorizing him to begin and continue construction, or that he was not in violation of the sections of the ordinance involved.
(c) The court also found that the appellant would not be exempt from the ordinance because of the exception provided in the ordinance relating to changes in "supporting members of a building . . . as may be required for safety," as the evidence showed that the appellant was materially altering and enlarging his building and was not adding "supporting members . . . required for safety." The evidence supported this finding.
(d) Where the evidence at an interlocutory hearing to determine whether or not the lower court should grant or deny a temporary injunction is conflicting, it cannot be said that the court abused its discretion in either granting or denying the injunction. Code 55-168; Franklin v. Sing-Wilkes, Inc., 215 Ga. 596, 597 (112 SE2d 618), and eases cited.
3. The court did not err in finding that the appellant was in violation of the three sections of the zoning ordinance in question, that he was not entitled to a certificate of occupancy so long as violation of the ordinance continues, and in temporarily enjoining him from using and occupying the lot and premises until further order of the court.
Kenyon & Gunter, W. B. Gunter, for appellee.
Palmour & Palmour, J. Ernest Palmour, Jr., James E. Palmour, III, for appellant.
SUBMITTED APRIL 12, 1967 -- DECIDED MAY 4, 1967.
Friday May 22 19:17 EDT


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