HADDEN v. PIERCE

19123.

212 Ga. 45 (1955)

90 S.E.2d 405

HADDEN v. PIERCE et al.

Supreme Court of Georgia.

Decided November 14, 1955.


Attorney(s) appearing for the Case

W. W. Larsen, Jr., Harold E. Ward, for plaintiff in error.

Wm. Malcolm Towson, contra.


DUCKWORTH, Chief Justice.

Any citizen has such interest in having public officers perform their duties as will authorize him to maintain mandamus proceedings for that purpose. Code § 64-101. In such action, although the official duty required is that of issuing a building permit, it is not a private right of the petitioner requiring a showing of irreparable injury as required by Code § 64-105. A filling station is not a nuisance per se; and it appearing...

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