Mobley v. City of Thomasville

Felton, Chief Judge.

1. The court erred in sustaining the first demurrer for the reason that the sole statutory requirement that notice of the appeal be given to the secretary of the board of adjustment was met. Ga. L. 1946, pp. 191, 198 (Code, Ann., § 69-828).

2. The court erred in sustaining the second demurrer for the reason that the appeal does state particulars which are alleged *862to be incorrect as a matter of law. The law does not require the appeal to embody the proceedings before the board of adjustment and such proceedings are not a part of the appeal and subject to demurrer. The record…