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ROGERS v. MAYOR &c. OF ATLANTA

40766.

110 Ga. App. 114 (1964)

137 S.E.2d 668

ROGERS et al., Trustees v. MAYOR &c. OF THE CITY OF ATLANTA.

Court of Appeals of Georgia.

Rehearing Denied July 22, 1964.

Attorney(s) appearing for the Case

Edenfield, Heyman & Sizemore, Maurice N. Maloof, for plaintiffs in error.

Henry L. Bowden, Ralph C. Jenkins, contra.

EBERHARDT, Judge.

1. There is an attack on the zoning ordinance as being violative of the First Amendment to the Federal Constitution, of the "due process" clauses of both the Fourteenth Amendment and Art. I, Sec. I, Par. III of the Georgia Constitution and of the "equal protection" clause of the Fourteenth Amendment.2 Generally any zoning ordinance that absolutely excludes churches from a residential area is invalid under one or more...

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