H. SIMPSON &c. CO. v. CITY OF MARIETTA

22834.

220 Ga. 727 (1965)

141 S.E.2d 460

HOWARD SIMPSON REALTY COMPANY v. CITY OF MARIETTA et al.

Supreme Court of Georgia.

Decided February 23, 1965.

Rehearing Denied March 16, 1965.


Attorney(s) appearing for the Case

Reed, Ingram & Flournoy, Edwards, Bentley, Awtrey & Parker, A. Sidney Parker, for plaintiff in error.

Ben F. Smith, contra.


CANDLER, Justice.

Howard Simpson Realty Company filed mandamus proceedings against the City of Marietta, its governing body and its engineer to compel the issuance to it of building permits. Its petition as finally amended alleges: Petitioner owns certain lands which were annexed to and became a part of the defendant city in 1959. Its lands are not zoned by the city for any particular use and petitioner desires to erect thereon four-family apartment buildings. It...

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