DAVIDSON MINERAL PROP. v. GIFFORD-HILL

28547.

232 Ga. 77 (1974)

205 S.E.2d 269

DAVIDSON MINERAL PROPERTIES, INC. v. GIFFORD-HILL & COMPANY, INC.

Supreme Court of Georgia.

Decided April 16, 1974.


Attorney(s) appearing for the Case

Grizzard & Simons, Eugene R. Simons, William G. Grant, King & Spalding, Charles R. Gower, Bradley Hale, for appellant.

Troutman, Sanders, Lockerman & Ashmore, Richard A. Newton, Worsham, Forsyth & Samples, Merlyn D. Samples, for appellee.


INGRAM, Justice.

This is a direct appeal from an order entered in Fulton Superior Court denying appellant an interlocutory injunction to restrain the appellee from operating a rock quarry in DeKalb County. Appellant contends that appellee is operating the rock quarry without a required conditional use permit from DeKalb County and that the quarry operation constitutes a nuisance and is a trespass upon appellant's adjoining property.

The conditional use permit...

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