City of Atlanta v. McLennan

Gunter, Justice.

The appellees here were plaintiffs below, and they brought an action in the trial court against appellants-defendants for declaratory judgment and mandamus. The complaint sought a declaration that the city’s zoning ordinance applicable to appellees’ land was unconstitutional, and it sought to require the city and its administrative official to issue a building permit for the construction of a shopping center on the subject land.

By consent of the parties all issues of law and fact were submitted to the trial judge for decision. He heard evidence, entered findings of fact and…