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RUSSELL v. SMOKERISE BATH &c. CLUB, INC.

34761.

243 Ga. 724 (1979)

256 S.E.2d 457

RUSSELL et al. v. SMOKERISE BATH & RACQUET CLUB, INC.

Supreme Court of Georgia.

Decided May 31, 1979.

Attorney(s) appearing for the Case

George P. Dillard, Gail C. Flake, for appellants.

Harvey, Willard, Elliott & Olsen, Wendell K. Willard, for appellee.

NICHOLS, Chief Justice.

Smokerise sought mandamus absolute requiring the DeKalb County Board of Commissioners and the county's development director to issue a permit for installation of lighting on two of its four tennis courts. Smokerise, a nonprofit community recreation club, operated, among other facilities, two tennis courts. In 1973 it applied for a setback variance to construct two additional tennis courts. The variance was granted "with the condition that there...

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