ROYAL PEACOCK CLUB v. CITY OF ATLANTA

26004.

226 Ga. 817 (1970)

177 S.E.2d 664

ROYAL PEACOCK SOCIAL CLUB, INC. et al. v. CITY OF ATLANTA et al.

Supreme Court of Georgia.

Decided October 22, 1970.


Attorney(s) appearing for the Case

Henning, Chambers, Mabry & Crichton, Edward J. Henning, for appellants.

Henry L. Bowden, Martin McFarland, for appellees.


FELTON, Justice.

1. "[C]ourts exercising equitable jurisdiction will not enjoin prosecutions under municipal ordinances, even where the ordinances are allegedly invalid and there are threats of arrest and multiplicity of prosecutions, unless it is shown that the threatened prosecutions are for the sole purpose of unlawfully taking or destroying property or the business of the plaintiff, or that they will in fact result in irreparable injury thereto, and unless...

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