ERVIN COMPANY v. BROWN

26600, 26605.

228 Ga. 14 (1971)

183 S.E.2d 743

ERVIN COMPANY v. BROWN et al. SANDERS et al. v. ERVIN COMPANY et al.

Supreme Court of Georgia.

Decided September 8, 1971.


Attorney(s) appearing for the Case

Smith, Cohen, Ringel, Kohler, Martin & Lowe, Hoke Smith, Douglas C. Lauderdale, Jr., for Ervin Company.

Webb, Parker, Young & Ferguson, Paul Webb, Jr., for Brown et al.

Peek, Whaley & Haldi, Glenville Haldi, J. Robert Hardcastle, for Sanders.


FELTON, Justice.

The construction of a zoning ordinance, under the facts, is a question of law for the courts, and in construing it the cardinal rule is to ascertain and give effect to the intention of the lawmaking body. City of Rome v. Shadyside &c. Gardens, 93 Ga.App. 759, 763 (92 S.E.2d 734). In determining the intent of the defendant commission in rezoning the subject property...

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